Countries where it is illegal for bosses to disturb employees after work hours

News is that Australia is one of the latest countries where workers will have a right to disconnect after their normal working hours. The new proposed laws could bring a significant shift in the workplace environment. According to it, Australian employees will have the right to refuse checking or responding to their work calls or emails which is beyond their normal working hours. The idea is to prevent unpaid overtime and help employees have a work-life balance.

A similar bill, called the Employment (Amendment) Bill 2022, is pending in the Kenyan Senate. According to it, the Bill if passed would give workers the right to disconnect from electronic communications like e-mails and messages from work which is beyond their working hours or on weekends and public holidays, as per reports.

However, Australia and Kenya are not the only countries to propose such laws to promote healthy work-life balance among workers. Here we list down some countries where employees have the right to disconnect which makes it illegal for bosses to disturb workers after work hours. Details of the right to disconnect may differ for country to country. Read on to know more!

by TOI Lifestyle Desk

France was the first country to implement the right to disconnect for employees in 2017. This gives workers the right to ignore work-related communication outside of their working hours. According to the French law, it is mandatory for companies that have over 50 employees to negotiate particular hours wherein employees aren’t expected to reply to work messages.

Talking about the need for such a law, Benoit Hamon– a Socialist Party parliamentarian, had earlier told the BBC, “Employees physically leave the office, but they do not leave their work. They remain attached by a kind of electronic leash — like a dog.”

Spain adopted the right to disconnect law in 2021 which gave employees the freedom to not respond to work-related communication which is beyond their working hours. This helps in promoting workers’ mental health and overall wellbeing.

In 2018, Belgium also applied the right to disconnect to its government employees. This helped them have a better work-life balance in general. But according to reports the rule was later extended to private sector too. “Since 1 April 2023, Belgian employers in the private sector with 20 employees or more must include the right to disconnect in collective bargaining agreements or work rules. The right to disconnect applies to all categories of employees (in Belgium),” reads a report by Ius Laboris.

Another European country that has implemented the right to disconnect law for employees in Italy. Workers in Italy have the right to ignore and not respond to work-related calls and emails during their non-working hours.

Taking a step against the constant digital connectivity which impacts employees’ mental health in the long run, Ireland too implemented the right to disconnect law in 2018. This helps workers to have a complete break and digital detox from work, which is much needed for their overall well-being.

Portugal introduced the right to disconnect law in 2020. According to it, companies that have more than 10 employees, will be imposing fines for reaching out to employees beyond their working hours. It gives workers the right to completely detach from work-related digital communications like emails and text messages. The law was introduced during the COVID-19 pandemic, when work-from-home had become a norm which led to long working hours for employees.

Meanwhile, “in Canada, the province of Ontario has such a policy, and Australia’s Queensland state in December (2023) granted similar digital disconnection rights to teachers,” reads a report by The Washington Post.

While it is still a long way to go for such laws to be implemented in India, employees having the right to disconnect does seem an intriguing idea. Sharing her views on it, Mansi Poddar, Trauma Sensitive Psychotherapist, told us, “The problem with India is that even though most people understand the value of disconnection, very few follow boundaries and respect people after hours. The nature of work has become 24/7 due to availability on WhatsApp and email. People will message on personal Instagram if they aren’t responded to. Most employees claim that this pressure and consistent boundary violation is more stressful than actually doing the work. They feel judged and often complain they are “passively punished” for not being available. Many are at the receiving end of jibes, low performance reviews, etc. It is important for companies to institute proper guidelines for after hour communication. Burnout is often the result of toxic work environments and unfair pressures.”

Burnout is a state of emotional, physical, and mental exhaustion which is caused by prolonged stress. When not dealt with, it often exhibits impact a person’s overall well-being. Some physical symptoms of burnout include: fatigue, headaches, and gastrointestinal. Emotionally, some burnout signs are: feelings of cynicism, detachment, irritability and sleep disturbances. Reduced productivity at work and increased procrastination are also signs of a burnout. Recognising these signs early is important for managing stress. Prioritising self-care, and seeking professional support when needed are important to deal with burnout.

On being asked how employees can do to avoid burnout at work, Mansi Poddar, Trauma Sensitive Psychotherapist, told us, “If one can, they should separate work and personal phones and make it clear that they will not engage post a certain hour unless they deem fit. But again, an individual can only do so much since most employees are afraid they will be let go if they make too many “demands” this has to be instituted at a company level and employees protection must be at the forefront of such policies.”