As the modern work environment increasingly blurs the lines between professional and personal time, the "right to disconnect" has emerged as an important issue for employee well-being. While most of Asia has yet to regulate this right, a few countries have made strides. China proposed a draft regulation in March 2024, while Kazakhstan and the Philippines have each adopted distinct approaches to addressing the issue.
Kazakhstan: A Legal Right to Disconnect
Kazakhstan's Labour Code provides employees with a clear right to disconnect outside of working hours. Under this law, employers cannot demand that employees remain available for communication outside their standard work hours, except in cases of overtime. This legal framework is a direct measure to protect workers' personal time and prevent burnout.
The Philippines: A Step Towards Disconnecting
In the Philippines, the right to disconnect was introduced in 2017 when the Department of Labour announced that workers could disregard work-related communications outside office hours without facing disciplinary action. However, this announcement has not been followed by formal legislation, leaving the policy as more of a guideline than a legal protection.
Implications for Employers
Policy Adjustments: Employers in Kazakhstan must review and adjust internal policies to ensure compliance with the Labour Code, specifically regarding communication protocols outside working hours.
Uncertain Boundaries for Employers: In the Philippines, employers may face ambiguity regarding their obligations to respect employee downtime, as there is no formal law that dictates specific rules. While there is no legal compulsion, employers can choose to implement their own "right to disconnect" policies.