The work environment in Indonesia has been drastically changed by COVID-19. Most offices have adopted work from home (“WFH”) systems in light of the pandemic and the restrictions put in place by the Government on the number of employees allowed to physically work in offices.

WFH is possible with the support of digital technology that allows employees to be connected and work flexibly without being physically present in the office. While there are benefits to the adoption of a WFH system, such as eliminating commute times and costs, work from home can blur the boundary between work and private life. With employees connected digitally and reachable around the clock, the right to disconnect has become a hot topic in employment law globally.

We discuss here the right to disconnect in general and how it looks for employers and employees from an Indonesian legal perspective.

What Is the Right to Disconnect?

The right to disconnect concerns the right of employees to be disconnected from their work-related digital communications outside their working hours. This means employees can, without consequence, choose not to reply to work-related emails, calls, or messages during their non-working hours.

The right to disconnect was first introduced by the Labor Chamber of the French Supreme Court in 2001, which held that employees were under no obligation either to accept working at home or to bring home their work files or tools (Labor Chamber of the Cour de Cassation dated October 2,...

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