RIGHT TO DISCONNECT: A NEW LABOR RIGHT IN THE DIGITAL ERA? – A COMPARATIVE AND CONSTITUTIONAL ANALYSIS

AUTHOR – HARIKRISHNAN R, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – HARIKRISHNAN R, RIGHT TO DISCONNECT: A NEW LABOR RIGHT IN THE DIGITAL ERA? – A COMPARATIVE AND CONSTITUTIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 714-721, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The rapid digitization of workplaces, further catalysed by the COVID-19 pandemic, has upset conventional concepts of work-life boundaries, giving rise to a “always-on” culture that blurs the barrier between professional and personal environments.   This study investigates the right to disconnect as an emergent labor right, founded in the broader framework of mental health, dignity of labor, and digital autonomy.   In the absence of statutory protection in India, employees—particularly in white-collar, IT, and remote work sectors—remain subject to excessive and unpaid after-hours labor, leading to burnout and long-term emotional injury.   The study critically explores the constitutional grounds of the right to disconnect in India, particularly under Articles 21, 19(1)(g), and 42, and evaluates existing inadequacies within the Indian labor code regime.   It provides a comparative analysis of worldwide jurisdictions, with a focus on France, the European Union, Canada, and Germany, where legal and regulatory initiatives have begun to combat digital excess through enforced rest periods and negotiated disconnection rules.   Through doctrinal and policy-based research, this paper argues that the right to disconnect is not only a labor welfare measure but an essential component of contemporary labor rights rhetoric.   It suggests the adoption of disconnection policies into Indian labor law through a balanced framework that safeguards worker well-being while preserving organisational flexibility.   The acknowledgment of this right is vital to defending human dignity in the digital age and upholding constitutional values in shifting employment landscapes.

Key Words – Right to Disconnect, Digital Labour, Work-Life Balance, Labour Law Reform, Mental Health at Work, Employment Rights, Remote Work Regulation, Constitutional Rights, International Labour Standards, Digital Fatigue, France Labour Code, EU Work-Time Directive, Indian Labour Law, Occupational Health, Technology and Law.