RIGHT TO DISCONNECT LEGISLATION

Countries that have legislated the right of workers to disconnect from — and not be penalized for refusing to attend to — work-related electronic communications outside of working hours.

France (2016)

• Legislation introduces, but does not define the right

• Allows companies to choose the most practical ways to implement the right, taking into consideration nature of the business

• Employers with more than 50 employees who fail to include the right in their policies are liable to criminal prosecution

• Pest control firm Rentokil was ordered to pay a fine for violating the French rules in 2018

Italy (2017)

• Applies only to “smart workers” (or remote workers)

• Individual agreements between employer and employee must determine the worker’s rest periods and enforcement measures

Philippines (2017)

• Employers are urged to establish the hours when employees are not supposed to send or answer work-related communications

• Filipino secretary of labour and employment has admitted that complete disconnection is unrealistic for some jobs

• In those cases, workers should be compensated for extra workload

Spain (2018)

• Relies on collective bargaining provisions and companies’ internal policies for regulation

Ireland (2021)

• Rights outlined in the Workplace Relations Commission’s Code of Practice on the Right to Disconnect

• Failure by an employer to follow the code is not in itself an offence

• The code provides practical guidance for employers and employees to assist in meeting their obligations under existing legislation

• Complaints can be brought to a workplace dispute board

Slovak Republic (2021)

• Legislation created to separate private and professional life, and to ensure that the periods of rest or leave are respected

• Also applies to employees working from home on an occasional basis