Right to Disconnect from Work: Is India Ready for a Legal Framework?

In the modern digital workplace, employees often feel expected to be “always on”, responding to emails, calls or messages well beyond official hours.

The “right to disconnect” is the idea that workers should be free to ignore work-related communications outside their scheduled work time.

In practical terms, it gives employees the legal right to refuse after-hours calls, texts, or emails without penalty. Proponents argue this is essential for health and work-life balance: studies link constant connectivity to sleep deprivation, stress and “emotional exhaustion”. In India, commentators note that remote work and smartphones have blurred work–life boundaries, normalizing an always-on culture that erodes well-being. Legislators introducing India’s recent Right To Disconnect Bill explicitly cite burnout and the “need for clear boundaries” between work and personal life.

Global Approaches to Disconnect Laws

A growing number of countries have adopted measures to protect off-duty time. For example:

• France: France amended its labour code in 2017 to require all companies, especially those with 50+ employees, to negotiate policies on after-hours communications. The aim is that “employees are not pressured to be online after hours”. If no agreement is reached, employers must issue a unilateral charter on disconnecting. French workers legally “disconnect from devices” after work, and firms must respect rest periods.
• Ireland: Ireland issued a non-binding Workplace Relations Commission Code on the Right to Disconnect. The 2021 Code encourages employers to implement policies respecting off-duty time, but it is not an enforceable law. It simply reminds companies of existing working-time rules like rest breaks, weekly hour limits, etc., and urges a healthy disconnect culture.
• Philippines: In 2017 the Philippine Department of Labour announced rules allowing employees to ignore work communications outside office hours. Workers were told they could disregard non-urgent calls or messages after work “without facing disciplinary action”. However, this remains advisory rather than a statute, so its legal teeth are limited.

Other jurisdictions have similar rules, for instance, Portugal (2021) bans off-shift contact with steep fines, and Italy (2017) requires remote-work agreements to specify disconnection times but enforcement varies. In short, Europe and some Asia-Pacific countries are experimenting with disconnect rights through legislation or codes, often as part of broader labour reforms.

India’s Current Legal Landscape

India has no dedicated right-to-disconnect law at the national level yet. Its labour codes still set maximum work hours (typically 8 hours/day, 48 hours/week) and mandate overtime pay for extra hours, but they say nothing about after-hours digital contact. In practice, many Indian employees, especially in IT, BPO or management, report a culture of constant availability, with unofficial pressure to check emails or messages at night.

Nonetheless, interest is growing. In late 2025 Kerala’s legislature introduced a Right to Disconnect Bill 2025 for private-sector workers. This Bill would create district-level committees to hear complaints and fines non-compliant employers. At the national level, MP Supriya Sule tabled a similar Private Member’s Bill in December 2025. If passed, it would grant every worker the right to refuse work-related calls, messages and emails outside official working hours and bar employers from penalizing such refusal. The bill even proposes fines (up to 1% of payroll) for repeat violators and requires overtime pay at normal rates if employees choose to work beyond hours.

Indian law has long recognized a maximum of 48 weekly hours to protect workers. By extending this principle, a disconnect right is rooted in the constitutional guarantee of dignity under Article 21, and international norms on rest. But no Supreme Court or statute has yet interpreted existing labour law to forbid routine after-hours messages.

Should India Recognise a Right to Disconnect?

Factors Favouring Recognition:

• Work-life balance and health: A formal right would protect employees from burnout and stress caused by non-stop connectivity. It acknowledges personal time as part of the right to life and dignity. Early indications suggest such rules improve morale: Irish employers report that having a disconnect policy helps employees rest and may aid retention.
• Global competitiveness: As other nations adopt disconnect laws, Indian professionals often work with global teams. A right to disconnect (or at least clear policies) can be a marketing point for employers who want healthier cultures.
• Clarifies overtime issues: In India’s new labour codes, overtime pay is due for extra hours. A disconnect law would complement this by making clear when “working hours” end. For example, MP’s Private Bill specifies workers are entitled to normal overtime pay if they voluntarily work late, enforcing fairness.

Factors Opposing Recognition:

• Business flexibility concerns: Critics warn that rigid off-hour rules could hurt firms needing round-the-clock coverage or coordination across time zones. In fact, when the U.S. considered a similar law in California, businesses cited global operations and need for flexibility as reasons the bill stalled.
• Enforcement difficulty: Defining what counts as an emergency contact, or policing unrecorded messaging, is hard. Employers might simply hire contractors to skirt rules, or press workers unofficially. Ensuring compliance across millions of workplaces, especially small businesses, would be a major challenge.
• Existing labour laws: Some argue a separate right is unnecessary because India already limits working time. They contend that ensuring overtime pay and mandatory rest breaks should suffice. Others worry that if disconnection is too absolute, employees who volunteer extra hours, or bonuses or flexibility, could lose autonomy over their schedules.

Conclusion: Is India Ready?

India is at the start of its disconnect debate. The introduction of bills in Parliament and Kerala shows growing political will. However, most of the groundwork lies ahead. Any effective framework will need to be finely tailored to India’s context.

If India proceeds, several steps could help: developing clear employer-employee guidelines, or a code of practice, as a first phase, raising awareness about the benefits of disconnecting, and equipping workplace bodies to handle disputes. Ultimately, balancing India’s growth goals with the human need for rest will be key. A formal right to disconnect would mark a significant cultural shift - one that requires not only legislation, but also a broader change in workplace norms and expectations

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