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If we were to identify a trendy topic in the field of employment law, it would likely be the “right to disconnect.”
Over the past six years, countries such as France, Belgium, Spain, Portugal, Italy, Luxembourg, Colombia, Peru, Argentina, Costa Rica, and Thailand have all implemented new regulations that, in general, grant employees the right to disconnect from work-related technologies after working hours. If the UK’s Labour party wins the next election, they have expressed their intention to introduce a similar right, drawing from successful implementations in other countries.
This idea holds appeal for politicians, as it portrays them as forward-thinking individuals who are knowledgeable about the changing dynamics of work and willing to take a stance. It also aligns with the concerns that many people have regarding the blurring boundaries between work and personal life.
Polls show that the idea of the right to disconnect resonates with a significant portion of the population. Last year, an Ipsos poll in the UK indicated that 60% of adults favor a law that allows employees to ignore work-related communication outside of official working or on-call hours, while only 11% are opposed. This poll also revealed that the inability to switch off is not limited to highly paid professionals; it affects individuals across income brackets, with 80% of those earning over £55,000 per year and 65% of those earning less than £55,000 per year checking and responding to work messages outside of their usual hours.
However, critics argue that these laws, especially the more strict ones like Portugal’s, do not consider the way modern companies operate. They claim that employees in different time zones with different working hours may no longer be able to communicate effectively. Additionally, what about those who prefer flexible working hours, taking breaks to attend to personal matters and making up for it later in the day? Instead of burdening companies and workers with complex regulations, shouldn’t they be allowed to find their own solutions?
Despite the debates surrounding the implementation of these new rights, one question often remains unanswered: How effective have they actually been?
From what I can gather, the impact of these rights has been less significant than supporters hoped and critics feared. In Ireland, for example, Síobhra Rush, an employment partner at Lewis Silkin in Dublin, notes that the country’s “code of practice” on the right to disconnect generated significant attention when it was introduced in 2021. However, she hasn’t encountered any employment cases directly related to this code. The main change she has observed is the inclusion of disclaimers in emails, stating that non-urgent messages sent outside of working hours do not require an immediate response.
A similar pattern emerges in Portugal, which took a more stringent approach. Inês Reis, head of labor and employment at Portuguese law firm pbbr, confirms that “nothing has really changed” due to the law. She has not received any complaints so far, although employees often add disclaimers to their emails to indicate that they do not expect an urgent reply.
Nadia D’Agostino, a principal associate at Eversheds Sutherland, also acknowledges that the law in Portugal “has not created a major cultural shift.” She explains that there is little motivation for employers to comply, as the fines are relatively low, and employees have little incentive to report violations.
However, it would be premature to dismiss these efforts entirely. The introduction of these rights and codes has prompted employers and employees to be more considerate about communication outside of regular working hours. Several European laws require companies and workers to establish mutually agreeable policies, which seems reasonable given the diverse nature of organizations.
There is a valuable lesson for voters here: do not be swayed by performative policymaking. Before embracing or condemning a proposed law, it is essential to understand how the government plans to enforce it.
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