The Right to Disconnect as an Implementation of the Employee’s Constitutional Right to Rest: a Philosophical and Legal Approach
摘要
The modern world of work is becoming increasingly globalized and technological each year. Information necessary for completing numerous work tasks is now available in real time through Internet connectivity. In turn, the speed and volume of information that individuals must respond to (receive, process, and transmit) in the workplace have increased several times over the past decade. This inevitably impacts the psychological and emotional state of individuals, leading to fatigue and “professional burnout”. The so-called “right to disconnect” plays a crucial role in maintaining a balance between work and personal life, as well as preserving employees’ health. The article presents a philosophical and legal analysis of the employee’s right to disconnect. It is noted that the development of production from the 19th to the 21st century brought issues of labor alienation, personal autonomy, human rights, and the dangers of exhaustion and the blurring of boundaries between work and life into focus. Philosophers of this period reflect a deep awareness of the risks of overload, social control, and the loss of individuality within the industrial and, later, information society. This article examines existing right-to-disconnect laws, which vary in terms of the employees they cover, implementation requirements, and enforcement. It suggests defining the term “right to disconnect” as the employee’s right to disengage from work and refrain from participating in work-related electronic communications – such as emails, messages, calls, or other forms of interaction – during non-working hours. The article emphasizes the need to introduce relevant amendments to existing labor protection and social partnership legislation.