Right to Disconnect in India’s Always-On Economy

Paper: GS – I, Subject: Society and Social Justice, Topic: Social Sector – Human Resources, Issue: Right to Disconnect.

Context:

India is debating the need for a legal “Right to Disconnect” as digital technologies blur boundaries between work and personal life, leading to burnout, mental health stress, and declining productivity in an always-connected economy.

Key Highlights:

The Unsustainable Pace of Work in India:

  • Extended Working Hours: A significant portion of India’s workforce (51%) works more than 49 hours per week, ranking second globally.
  • Burnout: A staggering 78% of Indian employees experience job burnout, leading to physical and emotional exhaustion.
  • Health Consequences: The lack of work-life balance contributes to lifestyle diseases like hypertension, diabetes, anxiety, and depression.
  • Productivity Impact: Fatigued workers are less creative, more prone to errors, and ultimately less productive.
  • Mental Health Crisis: Work-related stress contributes significantly (10%-12%) to the national mental health crisis.

Inadequacy of India’s Legal Framework:

  • Limited Protection: The Occupational Safety, Health, and Working Conditions Code, 2020, primarily protects traditional “workers” and often fails to extend the same safeguards to “employees,” especially contractual, freelance, and gig workers.
  • Power Imbalance: Employees fear disciplinary action for not responding to work-related communication outside of working hours, creating a power dynamic skewed towards the employer.

Proposed Legislative Measures: The “Right to Disconnect”:

  • Amendment to the Code: The Occupational Safety, Health, and Working Conditions Code needs to be amended to clearly define and limit working hours for all employees.
  • Core Protections:
    • Employees should not be penalized for refusing to respond to work-related communication beyond their specified working hours.
    • A mechanism should be established to address grievances when workers’ rights are infringed upon.
  • Restoring Dignity: The goal is to restore dignity and ensure the right to recharge, allowing individuals to maintain their well-being without fear of professional repercussions.

International Precedents:

  • Global Recognition: Countries like France, Portugal, Italy, Ireland, and Australia have already implemented similar “right to disconnect” laws.
  • Mandated Protocols: These laws often mandate that companies negotiate specific protocols to limit after-hours digital communication.
  • Sustainable Growth: Developed economies understand that respecting downtime is a precondition for sustainable economic growth.

The Need for Cultural Change:

  • Beyond Legislation: The law provides a framework, but cultural change is essential.
  • Toxic Work Cultures: Address organizational norms that value “presenteeism” over actual output and where late-night emails are seen as a proxy for commitment.
  • Mental Health Support: Proactive mental health support services, including counseling and psychological support, should be integral to the new workplace ethos.

Holistic Approach to Improving the Workplace:

  • Legal Protections: Incorporate legal protections for work-life balance, including the right to disconnect and limiting working hours.
  • Employee Well-being: Focus on the physical and mental health of employees.
  • Sustainable Workforce: Create a more sustainable and productive workforce for the future of India.

The right to disconnect is not anti-growth; it is pro-productivity and pro-human. In a digital economy, protecting downtime is essential to protecting workers, sustaining growth, and building a healthier, more resilient India.

Source: (The Hindu)

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