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EU looks to give workers the “right to disconnect”

James Graham Oct 18, 2024
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Roughly 20 countries currently have some sort of "right-to-disconnect" law. Pekic/Getty Images

EU looks to give workers the “right to disconnect”

James Graham Oct 18, 2024
Heard on:
Roughly 20 countries currently have some sort of "right-to-disconnect" law. Pekic/Getty Images
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This story was produced by our colleagues at the BBC.

Not so long ago, the end of the working day meant your attention turned to life outside work. But that has all changed in the cell phone era.

For many, there’s a temptation to check work messages, or an obligation to respond. Now, the European Union is looking at Europe-wide rules giving workers the “right to disconnect” — that’s a legal right to ignore business emails and calls outside of working hours. Many countries have already taken this step.

“What we’re seeing is — and especially with the rise of remote working — workers are feeling a need to work all the time, being always connected,” said Heejung Chung, a professor of work and employment at King’s College in London. She’s helping the European Union draft its new rules.

“And we’re not just talking about the mornings and the evenings, we’re talking about holidays,” she said. “Detachment away from work, having ample rest, isn’t antithetical to productivity. It’s actually key to enhancing productivity and time.”

In August, Australia introduced a disconnect law for companies with more than 15 employees. Disputes between employers and employees are meant to be addressed internally, but when that’s not possible, a government body can intervene and issue fines.

Jessica Tinsley represents employers at the Australian Chamber of Commerce and Industry. She thought the change could cause employers to become less flexible and cut back on remote working.

“The issue we have is that we’re just saying across the board an employee can refuse to respond or pick up the phone to their employer or to a client … to a customer, and I think the impact of this will be — employers will have to start pulling back from these flexible work arrangements,” she said.

France was the first to introduce such a law in 2017. Now, around 20 countries — mainly in Europe and South America — have followed suit, but each has their own rules seeking to navigate the blurred lines around home working, shifts, time zones and pressing deadlines.

Sarah Wachter is a communications manager at a Paris-based fintech company called Swan. An American, she’s lived in France since 2008.

“It’s not something we talk about a lot, but I’ve noticed its effect. I’ve noticed that everyone in the workplace is aware of this right to disengage,” she said. “It’s integrated not just into our behaviors with our colleagues, with the leadership, but also it’s just integrated into the processes of the company.”

For example, notifications on the workplace messaging platform Slack are turned off after 6 p.m. and on weekends.

“And so then it’s really on you to not open the messages. Just don’t open the application!” Wachter said. “And I notice that there are new habits where leadership, if they’re working in the evening or weekends, they’re hiding that. So they’re going to schedule their messages for the next morning. It changes everything when you know other people aren’t expecting it from you.”

Some large corporations have their own initiatives, even in countries that don’t have laws around switching off. Germany’s Volkswagen introduced a company-wide freeze on out-of-hours emails back in 2012. But others have pushed back against perceived government interference and extra red tape.

Sergio Guzman runs his own risk analysis company in Bogota, Colombia, where a right to disconnect law was introduced two years ago. He wonders how the government can really enforce it but said it has changed how he manages his business.

“I’d say if you’re a boss, exercise restraint, like myself. I have a staff of seven and I just try not to write them at odd hours or weekends at all. There’s a myriad of tools online to schedule messages,” he said. “But also speaking with your employees about, look if a client calls, then I would ask you to take this opportunity with me.”

In many workplaces, the definition of these boundaries is negotiated, and now these laws are prompting some of those conversations.

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