The blurring of the boundaries between work and private life, irregular schedules, and overconnectivity are hallmarks of modern workplaces. Despite technological advances and long-term reductions in working hours, workers suffer from increasing time pressure and work intensification. In this context, the right to disconnect, understood as the right not to engage in work-related communication outside of working hours, is often proposed as a much-needed solution to ‘permanent availability’. The regulatory initiatives in this regard, including at the EU level, are not without controversy, however. For some, they promise greater legal clarity and more effective enforcement of the Working Time Directive. Others argue that there would be little to no added value in the new regulation, as it would not change the status quo and would fail to address the underlying problems effectively. This blog post revisits the key aspects of this debate from a socio-legal perspective.
Drawing on our recent ETUI working paper, we argue that the right to disconnect needs to be approached through a broader understanding of overconnectivity and its causes. The problem is not simply that digital technologies make workers reachable outside working hours. Permanent availability is also driven by the de-standardisation and unpredictability of working time, excessive workloads, employment insecurity and, increasingly, algorithmic management. A right to disconnect can therefore provide...
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