The Right to Disconnect as a Tool to Tackle Inequalities Resulting from Remote Working

Remote working has brought many advantages in recent years, however the excessive connectivity of workers is frequently expected and rewarded by employers. For some groups of workers this is often not possible, which can lead to them being unjustifiably considered as less committed workers and result in their unequal treatment or discrimination. The aim of this chapter is to discuss whether the right to disconnect can be perceived as a tool to combat inequalities resulting from remote working. The author presents the risks to equality posed by the development of ICT usage in the professional sphere and analyses solutions proposed by the European Parliament in a resolution with recommendations to the Commission on the right to disconnect passed in 2021. Consequently, the author concludes that legal regulation on the right to disconnect at the EU level may bring tangible benefits for the most vulnerable groups of workers, such as women, workers with caring responsibilities, young and elderly workers, or workers with disabilities. Nevertheless, some interpretative doubts arise when it comes to the key issues which need to be included in the future legislation, such as definition of the right to disconnect, its nature or personal scope.