Recently a 26-year-old Chartered Accountant at Ernst & Young (EY) died allegedly due to work overload. This has started in India the debate of working hours in private companies and the concept of ‘Right To Disconnect’.

Meaning and Origin of ‘Right to Disconnect’.

The Right to Disconnect refers to the right of employees to refrain from engaging in work-related communications—such as emails, calls, or messages—outside of working hours. This right first gained prominence in Europe, particularly in France, where the government passed a law in 2016 granting employees the right to ignore work-related communications outside of office hours. This was a landmark moment in recognizing the mental and emotional toll of an "always-on" work culture, a phenomenon exacerbated by the rise of smartphones and digital communications. Since then, countries like Belgium, Italy, Spain, and Portugal have also adopted similar legislations aimed at protecting employees' work-life balance. Most recently, Australia also passed the legislation recognizing the right to disconnect.

The Indian Legal Perspective on the Right to Disconnect

The tragic death of a 26-year-old employee at Ernst & Young (EY) has triggered widespread outrage. This incident has reignited the debate around work-life balance, especially in the high-stakes corporate sectors where work pressure is immense, and the boundaries between work and personal time often blur.

Currently, India does not have explicit legislation that protects the Right to Disconnect. The nation’s labour laws, which date back decades, are largely silent on this modern issue, despite growing concerns over work-related stress and burnout. The importance of regulating after-hours work communications has been discussed, especially in the context of a rapidly growing corporate sector, but concrete legislative action has yet to materialize.

However, recent legal reforms like the Code on Wages Act (2019) and the Occupational Safety, Health and Working Conditions Code (2020) do touch on certain aspects related to working hours and employee welfare, but they lack specific provisions addressing the right to disengage after working hours.

Section 13 of Code on Wages Act, 2019 provides for Working Hours and Overtime which empowers the government to notify the number of hours constituting a normal working day. It also provides that when  an employee works beyond these hours, they are entitled to overtime wages at a rate of twice the normal rate of wages.

Section 25 of Occupational Safety, Health and Working Conditions Code (2020) specifies the maximum number of working hours per day and per week. It also mandates that no worker shall be required or allowed to work for more than eight hours in a day or forty-eight hours in a week, in line with international standards. Overtime work is permitted but with conditions such as overtime pay at twice the rate of ordinary wages.

Way Forward for India.

India stands at a critical juncture where it can either follow the footsteps of countries like France and Portugal or continue to rely on company-driven initiatives, which may leave many workers vulnerable. Introducing the Right to Disconnect in India would require not only legal reforms but also a cultural shift. Employers would need to recognize that the always-available employee model is neither sustainable nor productive in the long run.

Legal scholars argue that the inclusion of a Right to Disconnect under Indian labour law would align with fundamental rights under the Indian Constitution, such as Article 21 (the right to life and personal liberty), which has been interpreted to include the right to health and a decent standard of living. Overwork and constant connectivity without rest clearly violate these principles by infringing upon mental and physical well-being.

Conclusion

The tragic incident at Ernst & Young has brought renewed focus to the urgent need for reforms that prioritize employees' health and work-life balance. With more countries recognizing the Right to Disconnect, India too must consider adopting laws that ensure workers can truly disconnect, unwind, and protect their well-being. In an era of increasing workplace demands, the right to disconnect is no longer just an ideal—it is a necessity for a healthier, more productive workforce.

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