Remote working laws should include the ‘right to disconnect’, say experts
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Plans by the Government to draft new laws giving employees the right to ask to work remotely should also include the ‘right to disconnect’, legal experts from Trinity College Dublin have said.
In a new report published on Tuesday, experts from TCD’s Covid-19 Law and Human Rights Observatory, said a new statutory code of practice on the ‘right to disconnect’ introduced earlier this year does not protect employees against the working culture of “constant availability”.
The report, ‘A Right to Disconnect: Irish and European Legal Perspectives’, found that existing laws are “insufficient” to protect employees and recommends that the ‘right to disconnect’ is enshrined in binding legislation that includes a definition of ‘working’ and ‘leisure’ time.
Across the European Union, Ireland had the highest proportion of employees working remotely during the Covid-19 pandemic at 48%, largely due to stricter lockdown measures.
TCD Regius Professor of Law Mark Bell said remote working is likely to stay in some shape or form, with many employees signalling their support for blended working models or working part of their week from home.
“Given government advice to continue to work from home until at least September I think we’re at a place where working remotely is with us for some time to come,” he said. This, he said, highlighted the need for more robust legislation on the right to disconnect from work emails, social media alerts, and digital devices.
Research carried out prior to the pandemic highlighted sleep disorders, headaches, and eye strain as an issue for many remote workers.
“With remote working here to stay to some extent we really need to think about the wellbeing of people when they are working remotely to address some of the difficulties that we can already see emerging,” Professor Bell said.
A new statutory code on the right to disconnect was “helpful” in encouraging employers to adopt good workplace policies and practices but it did not enable employees to go to court to enforce the code, Professor Bell said.
The new statutory code can be raised at disputes before the Workplace Relations Commission (WRC) involving existing legislation, namely the Organisation of Working Time Act 1997, but it is not legally binding.
“Given that Ireland is intending to legislate for the right to request remote working it seems like the optimum time to complement those rights with the right to disconnect. People will know that if they sign up for remote working it doesn’t mean they won’t be able to have time for their private and family life,” Professor Bell said.
Government opposition parties Sinn Féin and Labour have proposed legislation on the right to disconnect.
Any future legislation, he said, should ensure that work-related emails and social media activity are considered as work and legally require employers to make provisions for the right to disconnect.
At EU level, an agreed outline of a new directive on the right to disconnect should assist the Government in formulating any new legislation ahead of the EU directive coming into force, Professor Bell added: “It’s not about laying down rigid rules that email accounts must always stop at 6pm but it’s about requiring employers to work with their staff to agree appropriate balance and expectations”.
France is the first EU country to legislate for the right to disconnect.