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Right to Disconnect: Can your employer call you after work hours

The right to disconnect policy has been gaining traction globally ever since it was made into law by the French government back in 2017. The right to disconnect allows the employees not to answer calls, emails, or text messages from their employers outside of work hours. The French law also protects the employees from being fired on the grounds of misconduct if they don’t respond during their off-hours. 

Several countries have followed suit since the French passed the law. Germany, Italy, Spain, Ireland, and Canada have tried to pass legislation making this right into law. However, with the remote work culture and flexible work hours, the lines between personal time and work are blurring. Governments might find it difficult to enforce the legislation in such a scenario even if it passes the respective parliaments. Workers today might not have a greater degree of separation from work and non-work-related activities, creating many gray areas that can be difficult to legislate. 

Will the United States Adopt the Right to Disconnect Policy?

The United States has a unique work culture of overwork where the motto has always been ‘work hard and play hard. For many people in the States, working long hours and being always available is a matter of personal pride and part of the proverbial American dream. 

can employer call you after work hours

The countries that have already enacted the right to disconnect laws are imposing heavy fines on organizations disregarding the rules.

However, some others feel the effects of burning out due to the demand for their work. They want to be able to switch off once they leave work and not think about it during their time off. Fortunately, more people fall under this category.

A recent survey conducted by the networking website LinkedIn found that over 83% of responders favored the right to disconnect policy, while only 3% called it unnecessary. Almost 14% felt that the right to disconnect should be subjective depending on the type of job. 

Burnout among the employees is never a good sign for employers as well. Hence, several employees in the US have already started implementing steps to improve the work-life balance of their employees. For instance, Insurance, a fintech company, recently introduced a new after-work communication policy and banned communications or meetings before 9 am and after 5 pm.

During the Covid-19 pandemic, employee churn was critical for many companies. Among the several reported reasons for employee attrition, difficulty in achieving a work-life balance was on the top. It is difficult to set an 8-hour workday if you are working remotely, which is the biggest problem in introducing a bill in the States. 

It might be difficult to work out ‘fair’ legislation with so many work scenarios in place in a country like the US. 

Companies with younger management teams tend to be keener to make changes that benefit the employee’s work-life balance. As the management team is also struggling with the same issues as their employees, they tend to have a soft corner for establishing a healthy balance. Thus, in many industries, the right to disconnect policies is growing from the top-down. 

The countries that have already enacted similar laws are imposing heavy fines on organizations disregarding the rules. 

The way forward

Work-life balance is critical in being productive and efficient, and the right to disconnect can certainly help achieve it. A universal law might not be the right solution, and neither is the culture of overwork. It would be best to test out all possible scenarios and roll out laws based on each scenario rather than a universal law. 

As more and more employees are working from home, it is the right time to test several models and develop a form of the right to disconnect law that is beneficial for both employers and employees. 

Furthermore, no such law should be set in stone, allowing the companies to learn and evolve post-pandemic era to frame new after-work communication policies. 

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Anna Verasai
Anna Versai is a Team Writer at The HR Digest; she covers topics related to Recruitment, Workplace Culture, Interview Tips, Employee Benefits, HR News and HR Leadership. She also writes for Technowize, providing her views on the Upcoming Technology, Product Reviews, and the latest apps and softwares.

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