The lines between work and personal life have become increasingly blurred in recent years, prompting many countries worldwide to implement the "right to disconnect"— a legal or policy-driven initiative allowing employees to disengage from work outside of designated hours.
Let's explore how various countries and regions are addressing this evolving issue.
The Right to Disconnect Trend across The World
France
France was one of the first countries to introduce the right to disconnect, implementing relevant legislation in 2017. Under French labor law, companies with more than 50 employees must negotiate specific terms with their workforce, ensuring that employees can disconnect from work-related communications outside regular hours. The law gives employees the right to not receive, or be able to ignore, without fear of reprisal, digital forms of communication outside of their defined work hours.
This legislation aims to combat the "always-on" culture that has led to increased burnout, unpaid overtime, and poor mental health among employees.
Belgium
Belgium’s right to disconnect law mirrors the French model, while broader in its applicabilition to companies with 20 or more employees. The 2022 law grants employees the right to be free from work-related communications outside of their regular work hours.
Subject to prior consultation with the works council or other employee representative body, employers must establish clear guidelines on after-hours communication and respect the personal time of their employees, except in emergency situations.
Ireland
In Ireland, the right to disconnect is addressed through a formal Code of Practice, (“the Code”), which outlines three key rights for employees:
The right not to work outside normal hours.
The right not to face penalties for refusing to engage in work outside those hours.
Mutual respect between employers and employees regarding after-hours communication.
Employers are encouraged to engage with employees or their representatives to develop a Right to Disconnect Policy that aligns with its business needs and that of its workforce. Though not binding law, the Code provides a framework for companies and serves as a best practice guide for handling work-life balance.
The United Kingdom
The UK is considering the introduction of the right to disconnect under the new Labour government. The UK proposal follows in the footsteps of the models implemented in Ireland and Australia, aiming to encourage collaboration between employers and employees to create bespoke policies that align with their workplace needs.
While it is not yet clear how the ‘right to disconnect’ will be implemented in practice, it's not expected to create grounds for independent legal claims. Instead, if an employee raises another labor law violation, a breach of the right to disconnect could be considered as an aggravating factor in legal proceedings.
Australia
Australia is one of the latest countries to adopt the right to disconnect, enacting the law in August 2024 for businesses with more than 15 employees. For smaller businesses with less than 15 employees, the law will take effect on 26 August 2025.
The law allows employees to disengage from work communications after hours unless their refusal to respond is deemed unreasonable, such as in emergency situations, or if such response is required by law.
This includes contact (or attempted contact) from an employer or a third party, which includes clients, suppliers, staff from other businesses, or members of the public. “Contact” includes but are not limited to calls, emails, texts, social media and messaging services. Employers are encouraged to revise workplace policies to discuss contact out of work hours, and set expectations that suit the workplace and the employee’s roles.
Employers who violate the employee’s right to disconnect may face financial penalties for non-compliance, which could include fines.
The United Arab Emirates
The UAE does not have a formal right to disconnect, but its labor laws reflect similar principles. Employees cannot be forced to work beyond their agreed hours without written consent, and the standard workweek was reduced to 4.5 days in 2022 for public sector workers.
Sharjah, an emirate in the UAE, has even adopted a four-day workweek, allowing for greater work-life balance for public sector workers.
South America
Several countries in South America are adopting the right to disconnect:
Brazil: Currently, teleworkers in Brazil can claim compensation if they work outside of regular hours. Proposed legislation may expand this right to all employees, restricting employers from contacting workers outside work hours unless in cases of urgency.
Colombia: Law 2191 of 2022 mandates that employers in both public and private sectors respect employees' right to disconnect after work hours, ensuring their personal time is protected.
Argentina: Law 27,555 of 2021 protects remote workers , this regulation allows them to disengage from work communications during off-hours. Employees with caregiving responsibilities are granted even more flexibility, allowing them to balance work and personal duties effectively.
Peru: Supreme Decree No 002-2023 TR ensures that employees can disconnect during rest days, holidays, and vacations. Exceptions are made for emergencies or agreed-upon overtime.
North America
In North America, approaches to the right to disconnect vary:
USA: Although there is no federal law mandating the right to disconnect, California and New Jersey made strides in 2024 by proposing a bill that would give employees the legal right to ignore non-emergency communications after hours. The respective bills are currently stalled, reflecting the challenge of balancing business flexibility with employee well-being.
Mexico: Mexico’s right to disconnect applies primarily to teleworkers. Employees working from home are not required to engage with work outside of their contracted hours, and employers are required to provide clear policies outlining work availability times, this right is ruled by Law NOM 037 – STPS 2023.
Canada: In Ontario, employers with 25 or more employees must have a written policy on disconnecting from work. This includes specifying when employees are not expected to respond to work communications, a move designed to reduce burnout and enhance work-life balance. At present, Ontario is the only province to have such legislation in place.
Asia
Asia is still yet to implement right to disconnect policies on a wider scale, but there are some emerging examples:
Kazakhstan has implemented a clear right to disconnect in its Labor Code.
The Philippines introduced Right to Disconnect Bill that protect employees from engaging in work communications outside office hours, though this has not yet been codified into the Labor Code.
Implications for Employers on The Right to Disconnect
As more countries introduce the right to disconnect, employers must:
Stay updated on region-specific labor laws and adjust workplace policies accordingly.
Clearly communicate expectations regarding after-hours work.
Foster a workplace culture that respects employees' personal time to avoid potential legal repercussions.
Looking Ahead: the Right to Disconnect in 2025 and Beyond
The right to disconnect is becoming a global standard aimed at protecting employee well-being and mental health in the digital era. While each country approaches it differently, the common goal remains the same: to create a healthier work-life balance and prevent burnout in an increasingly connected world.
As more governments adopt these policies, employers must remain vigilant and adapt to the changing legal landscape to ensure compliance and foster a productive, healthy workforce.