INDIANS NEED THE RIGHT TO DISCONNECT

THE CONTEXT: The recent tragic death of Anna Sebastian Perayil, a 26-year-old EY employee in Pune, has reignited the debate on workplace stress and employee well-being in India. This incident, coupled with MP Shashi Tharoor’s call for legislation against workplace inhumanity, has brought the issue of work-life balance and employee welfare to national discourse.

CAUSE OF CONCERN:

• • Indian women in information and communication work an average of 56.5 hours per week, the highest among all job categories in India.
  • According to the Emotional Wellness State of Employees Report, 64% of employees aged 21 to 30 are battling high stress levels.
  • Nearly 72.2% of female respondents reported high stress levels, compared to 53.64% of men.
  • The ADP Research Institute study found that 49% of Indian workers reported workplace stress negatively impacting their mental health.

THE BACKGROUND:

The “Right to Disconnect” concept has gained significant traction globally as a response to the increasing blurring of boundaries between work and personal life in the digital age. This right encompasses policies or laws that allow employees to disengage from work-related digital communications outside of working hours, promoting a healthier work-life balance and protecting mental well-being.

LEGISLATIONS AROUND THE WORLD:

• • France: In 2001, the Labour Chamber ruled that employees are not obligated to work from home or take work materials home.
  • Portugal: Legislation makes it illegal for employers to contact employees outside working hours, except in emergencies.
  • Spain: Article 88 of Organic Law 3/2018 guarantees the right to disconnect from work-related devices outside of working hours.
  • Australia: The Fair Work Legislation Amendment passed in 2024 gives employees the right to disconnect from work outside of working hours.

CURRENT STATUS IN INDIA: India currently lacks explicit legislation recognizing the Right to Disconnect, despite growing concerns over workplace stress, long working hours, and their negative impact on mental health. While international examples like France, Portugal, and Australia have shown the way forward, India is yet to adopt such measures formally.

LACK OF SPECIFIC LAWS:

• • Absence of a Dedicated Law: The Indian legal framework does not have specific provisions addressing the Right to Disconnect. Existing labor laws, such as the Code on Wages Act (2019) and the Occupational Safety, Health, and Working Conditions Code (2020), touch upon employee welfare but fail to address after-hours work communication explicitly.
  • Private Member Bill (2018): MP Supriya Sule introduced a Private Member Bill in the Lok Sabha proposing the Right to Disconnect. The bill included penalties for employers’ non-compliance. However, the bill did not progress further in Parliament.

CONSTITUTIONAL PROVISIONS FOR PROMOTING EMPLOYEE WELFARE

• • Article 38: Mandates the state to strive for the welfare of people by ensuring social justice and minimizing inequalities.
  • Article 39(e): Directs the state to ensure that workers’ health and strength are not abused and that they are not forced into jobs unsuitable for their age or strength.
  • Article 43: Encourages the state to secure a living wage and decent working conditions for all workers.

JUDICIAL PRONOUNCEMENTS RECOGNIZING WORKPLACE DIGNITY AND MENTAL HEALTH AS INTEGRAL TO FUNDAMENTAL RIGHTS

• • Vishakha v. State of Rajasthan (1997): Established guidelines for preventing workplace sexual harassment. Recognized the right to dignity as part of the Constitution’s Article 21 (Right to Life). Highlighted the need for a safe and respectful work environment.
  • Ravindra Kumar Dhariwal v. Union of India (2021): Interpreted Article 14 to include “inclusive equality.” Emphasized reasonable accommodation for employees based on individual differences and capabilities, particularly for persons with disabilities.
  • Praveen Pradhan v. State of Uttaranchal (2012): Held that administrative control cannot justify inhumane treatment or humiliation by superiors. Reinforced workplace dignity as a critical aspect of employee rights. These rulings underscore the judiciary’s proactive stance in ensuring workplace dignity, which aligns with the Right to Disconnect principles.

THE ISSUES:

• • Impact of Prolonged Working Hours: The World Health Organization (WHO) and International Labour Organization (ILO) report that working 55 or more hours per week increases the risk of stroke by 35% and ischemic heart disease by 17% compared to working 35–40 hours per week. In 2021 alone, long working hours led to 745,000 deaths globally due to these conditions.
  • Overall Health Deterioration: Overworking leads to sleep deprivation, mental health issues like anxiety and depression, and physical ailments such as back pain and eye strain. A Stanford University study revealed that productivity per hour declines sharply after 50 hours per week, and beyond 55 hours, it drops so much that additional work becomes counterproductive. Burnout is a common outcome of prolonged working hours. It is characterized by emotional exhaustion, reduced performance, and detachment from work responsibilities.
  • The “Always-On” Culture: Advances in technology have created an “always-on” work culture where employees are expected to respond to emails, messages, and calls outside of working hours. This erodes boundaries between personal and professional life. Constant connectivity leads to stress, sleep disturbances, and reduced quality of family time. Employees often feel unable to disconnect due to fear of job insecurity or missing out on opportunities.
  • Misconception About Overwork and Productivity: Contrary to popular belief, overworking does not enhance productivity. Studies show that long working hours reduce efficiency due to fatigue and errors. Overworking leads to presenteeism—employees being physically present but mentally disengaged—which reduces overall organizational performance.
  • Cultural Resistance in India: In India’s corporate culture, long working hours are often equated with dedication and success. Leaders like Infosys founder Narayana Murthy have even advocated for a 70-hour workweek for “national progress,” perpetuating unhealthy norms. With a large informal workforce (over 80% of total employment), enforcing regulations around working hours remains a significant challenge.

THE SIGNIFICANCE:

• • Impact on Productivity and Retention: A meta-analysis by Gallup (2019) involving over 1.8 million employees found a strong positive correlation between employee satisfaction and productivity, customer loyalty, and business profitability. In India, only 14% of employees consider themselves “thriving,” while 86% report struggling or suffering, according to the Gallup State of the Global Workplace 2024 report.
  • Mental Health as a Business Imperative: Employers investing in mental health programs report higher employee engagement and reduced absenteeism. For example, companies offering Employee Assistance Programs (EAPs) have seen a significant reduction in stress-related issues. A study by the University of Oxford found that a one-point increase in employee happiness led to a 12% rise in productivity among British Telecom call center workers. Complex tasks such as sales negotiations saw even greater improvements (up to 20%).
  • Happiness-Productivity Link: The University of Oxford’s research conclusively demonstrated that happier employees are more productive. This is especially true for roles requiring emotional intelligence or human interaction. A study published in Management Science revealed that companies prioritizing well-being experienced measurable financial gains through improved worker performance and reduced costs associated with turnover.

THE WAY FORWARD:

• • Legislative Measures: A robust legal framework should define clear boundaries for after-hours communication and mandate overtime compensation for work outside agreed-upon hours. Protect employees from retaliation for exercising their right to disconnect. Inspiration can be drawn from France’s El Khomri Law, which mandates companies with over 50 employees to negotiate digital disconnection policies.
  • Corporate Policy Reforms: Organizations should prioritize employee well-being through flexible work arrangements, Employee Assistance Programs (EAPs) offering confidential counseling services, and wellness programs addressing mental, physical, and emotional health.
  • Educating Employers and Employees: Employees should be educated about their rights and the benefits of disconnecting from work-related communications. Awareness campaigns must highlight research findings like those from the University of Oxford, which show that happier employees are 12% more productive.
  • India-Specific Studies: Comprehensive studies on the impact of prolonged working hours on productivity, mental health, and economic output are essential. The government or independent agencies could publish annual reports evaluating workplace well-being across industries. Indian-specific data could guide tailored interventions for sectors like IT, banking, and e-commerce, which report high stress levels.
  • Customizing Policies for India: Given India’s large informal workforce (80% of total employment), policies must balance flexibility with enforceability. Ontario (Canada) mandates employers to implement systems ensuring respect for disconnection rights without granting enforceable rights directly to employees.

THE CONCLUSION:

The Right to Disconnect is no longer a luxury but necessary in India’s rapidly evolving workplace landscape. India can create a healthier work environment that prioritizes employee well-being by adopting legislative measures, fostering corporate reforms, raising awareness, conducting research, and learning from global best practices.

UPSC PAST YEAR QUESTIONS:

Q.1 In the context of work environment, differentiate between ‘coercion’ and ‘undue influence’ with suitable examples. 2023

Q.2 Discipline generally implies following the order and subordination. However, it may be counter-productive for the organisation. Discuss. 2017

MAINS PRACTICE QUESTION:

Q.1 “In the pursuit of economic growth, employees’ mental health must not be overlooked.” Critically analyze this statement in light of India’s workplace culture and global trends in employee welfare.

SOURCE:

https://www.thehindu.com/opinion/op-ed/indians-need-the-right-to-disconnect/article68965394.ece