The modern world has witnessed a radical change in the nature of work. With the advent of smartphones, laptops, instant messaging services, emails, and remote working solutions, employees are now always connected to their work environment. Although this has improved efficiency and flexibility, it has also resulted in the erosion of the distinction between the work and personal lives of employees. Employees are now increasingly expected to respond to work-related communications outside the official working hours, including evenings, weekends, and holidays.
This trend has resulted in increasing concerns about employee burnout, mental stress, work-life imbalance, and work-related exploitation in the modern workplace. In recognition of these issues, the Right to Disconnect Bill, 2025, has recently become a major proposed amendment to employment law in India. The proposed Bill aims to give legal effect to the right of an employee to disconnect from work-related communications outside the prescribed working hours without any fear of negative repercussions.
The Right to Disconnect is more than a concept related to labor welfare. It is a human rights-based approach to dignity in the workplace.
1. Rise of Digital Work Culture
The growth of information technology, telecommuting, and gig economy services has increased digital connectivity. IT, finance, education, healthcare, media, and corporate services employees are always reachable 24/7.
2. Post-Pandemic Work Patterns
The COVID-19 pandemic has made remote and hybrid work patterns common. However, research showed that employees worked extended hours remotely, without any overtime pay.
3. Mental Health Crisis
The culture of constant connectivity has led to anxiety, insomnia, depression, and burnout. The lack of a legal boundary between work and personal life has worsened this situation.
4. Inadequacy of Existing Labor Laws
Indian labour laws are designed for physical work environments and traditional working hours. They fail to address:
- Digital work
- Online surveillance
- Expectations of digital availability
Therefore, there is an urgent need for a new legal paradigm that keeps pace with the changing world of work.
The Right to Disconnect is not a new international trend. Many countries have already acknowledged and adopted it as a right through legislation or collective agreements.
France
France is the first country to have adopted the Right to Disconnect as a right through legislation in 2017. Employers are obligated to negotiate the limits of digital communication with employees.
European Union
The European Parliament has highlighted the importance of digital rights at work, considering the Right to Disconnect a fundamental right to safeguard workers’ mental health and dignity.
International Labor Organization
The International Labor Organization has consistently underlined the need to regulate working time and provide sufficient rest, especially in digital working environments.
The above international developments have shaped the discourse on the Right to Disconnect in India and have contributed to the formulation of the Right to Disconnect Bill, 2025.
The primary objectives of the Bill include:
-
Ensuring Work-Life Balance
To legally protect employees’ non-working hours. -
Promoting Mental and Physical Well-Being
To reduce stress, burnout, and occupational health risks. -
Preventing Digital Exploitation
To curb excessive employer control through digital tools. -
Modernizing Labor Law
To align Indian employment law with contemporary work practices. -
Strengthening Employee Autonomy
To empower workers to manage their time without fear.
The Right to Disconnect Bill, 2025 is proposed to apply to:
-
Public and private sector establishments
-
IT and technology-based companies
-
Remote, hybrid, and work-from-home employees
-
Contractual, temporary, and gig workers (subject to thresholds)
The Bill recognizes that modern employment extends beyond physical offices and seeks to cover digitally mediated labor relationships.
1. Statutory Recognition of the Right
Employees shall be entitled to a legally binding right to disconnect from work-related communications during their non-work hours.
2. Employer’s Responsibility
The employers’ responsibility would be to:
a. Clearly demarcate official working hours
b. Develop internal communication policies
c. Restrict communication with employees during non-work hours, except in cases of emergencies
3. No Adverse Action Clause
Employees shall not be subjected to:
a. Disciplinary actions
b. Denial of promotion
c. Negative performance evaluation
d. Termination or harassment
for exercising their right to disconnect.
4. Emergency Exception
The Bill proposes to allow some exceptions in cases of emergencies, provided such emergencies are clearly defined.
5. Digital Communication Policy
The organization shall be obliged to develop a written policy on:
a. Permissible hours for communication
b. Emergency situations
c. Grievance redressal
6. Grievance Redressal Mechanism
Employees may file grievances before:
a. Internal committees
b. Labour authorities
c. Employment tribunals
7. Penalties and Enforcement
In case of non-compliance, employers may be subjected to:
a. Monetary punishment
b. Directions for corrective actions
The Bill finds constitutional support under:
Article 21 of the Constitution of India
The right to life includes the right to live with dignity, health, and mental well-being.
Directive Principles of State Policy
The Right to Disconnect aligns with India’s constitutional commitment to social justice and worker welfare.
The Bill, despite being a progressive piece of legislation, has attracted some criticisms as follows:
1. Business Competitiveness
There are fears of a potential impact on the global service competitiveness of India.
2. Ambiguity of ‘Emergency’
The term ‘emergency’ may be misused if it is not well clarified.
3. Implementation Challenges
Small businesses may be challenged in the implementation of the compliance mechanisms.
4. Enforcement Capacity
The labor authorities may need further training.
The existing labor laws, such as the Factories Act and Shops and Establishments Acts, regulate working hours but do not address digital intrusion. The Right to Disconnect Bill addresses the critical gap in existing labor laws and addresses modern forms of work.
The implications of the Right to Disconnect Bill, 2025, if it is enacted and implemented, are as follows:
- Redefining the balance of power between employers and employees
- Having a potential impact on corporate HR
- Creating a precedent in the area of digital labor rights
It may also contribute to India’s compliance with international labor standards.
The Right to Disconnect Bill, 2025, is a bold and much-needed initiative to revamp the employment law landscape in India. In the face of the digital revolution, which seems to blur the lines between the personal and professional, the Bill strikes a welcome balance by acknowledging the right to rest, the right to privacy, and the right to mental health as fundamental human rights at work. In essence, the Bill formally establishes that the employee is not always at work, and therefore, the legislation will be a significant step towards promoting human conditions at work, sustainable productivity, and social justice. While there may be challenges associated with the implementation of the Bill, the essence of the legislation is a welcome change that resonates with the values of the Indian Constitution, global labor law, and the changing nature of work. The Right to Disconnect Bill, 2025, has the potential to become a landmark legislation that places human dignity at the core of economic development.
