Das Recht auf Nichterreichbarkeit: Untersuchung betrieblicher Praktiken

Home-based teleworkers are twice as likely to exceed the 48-hour working time limit as workers onsite and are significantly more likely to work in their free time. Following the shift to telework during the pandemic, this is likely to lead to more hybrid working arrangements in the future, putting the spotlight on whether existing labour legislation is fit for purpose.

The experience of the first four Member States that have introduced rules and agreements on the right to disconnect prior to 2021 has demonstrated the pivotal role of the social partners in ensuring these rules are translated into reality on the ground. In countries with weaker industrial relations, legislation can provide a fallback option to ensure minimum standards are met.

The introduction of the right to disconnect in companies has revealed that a ‘soft’ approach through awareness raising, training and the management of out of hours connection is more common than a ‘hard disconnection’, which severs access to company communication during specific times.

New agreements and texts addressing the right to disconnect will need to consider the issues that lead to the ‘perceived’ need for constant connection, such as workload, lack of training and work processes that feed overconnection. High-level buy-in and regular reinforcement of the message on the importance of the right to disconnect will be critical for its success.

Although evidence of the impact of the right to disconnect on employee health and well-being, work–life balance, gender equality and company performance is lacking, social partners’ experiences at company level suggest that positive changes in company culture are taking place following the introduction of the right to disconnect.