THE CLOCK NEVER STOPS, BUT SHOULD IT?
In an era dominated by smartphones, laptops, and instant messaging apps, work no longer ends at 5 pm. The lines between professional and personal life have blurred, leaving millions of employees tethered to their devices round the clock. Recognising this new reality, the Indian Parliament is now considering the Right to Disconnect Bill, 2025, a legislative attempt to give employees the legal authority to step away from work outside official hours without fear of reprisal.
The Bill, introduced in the Lok Sabha by NCP MP Supriya Sule, seeks to formalise what many employees have long dreamed of—a legal “off switch” for work-related communications. While similar laws exist in countries such as France, Portugal, and Australia, India’s proposal is ambitious, particularly given the size and diversity of its workforce.
THE BILL IN A NUTSHELL: WHY IT MATTERS
The Statement of Objects and Reasons accompanying the Bill paints a stark picture of the toll digital connectivity is taking on Indian workers. According to the report, over 70% of employees could soon work from anywhere, thanks to digital tools. While this increases flexibility, it also introduces risks of sleep deprivation, stress, burnout, and emotional exhaustion.
The Bill highlights the concept of telepressure—the compulsive urge to respond to emails, messages, and calls, even during weekends and holidays. Studies referenced in the Bill indicate that employees who respond to work communications after 9 pm experience the poorest quality of sleep, directly affecting productivity. Furthermore, research from Stanford University (2014) shows that productivity plateaus beyond 50 hours of work per week and declines sharply after 60 hours.
The legislation aims to:
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Respect the personal space of employees.
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Mandate negotiated agreements between employers and employees regarding work-life balance.
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Require overtime pay when employees voluntarily work beyond regular hours.
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Constitute Employee Welfare Authority to mediate disputes.
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Impose sanctions of up to 1% of total employee remuneration for non-compliance.
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Promote awareness through counselling and digital detox centres.
Essentially, the Bill is not just a labour law; it is a blueprint for how digital work culture should be governed.
CORPORATE GOVERNANCE AND THE BILL: AN OVERLOOKED CONNECTION
At first glance, the Right to Disconnect may seem like a pure labour issue. However, a closer look reveals its strong connection to corporate governance norms in India. Modern corporate governance extends beyond shareholder value; it now emphasises stakeholder welfare, which includes employees.
Section 166 of the Companies Act, 2013 requires directors to act in the best interests of the company, its employees, and other stakeholders. Ignoring hyper-connectivity and its effects on employee wellbeing could now be interpreted as poor governance practice. Failure to implement such measures like a Right to Disconnect policy could adversely affect a company’s ESG score, potentially impacting investor confidence.
Board oversight of human capital risks—such as attrition, mental health issues, and productivity loss—is increasingly recognised as part of risk management and internal control. If enacted, the Bill would make employee disconnection a formal governance obligation, requiring boards to oversee compliance, adopt policies, and even report adherence in ESG filings. In essence, digital wellbeing would become a board-level responsibility, much like POSH compliance today.
FEASIBILITY IN INDIA: CHALLENGES AND OPPORTUNITIES
Implementing the Right to Disconnect in India is not without its hurdles. India’s workforce is massive and diverse, spanning sectors with starkly different work cultures from IT and BPOs to manufacturing and informal employment. Ensuring compliance across such a spectrum presents logistical and cultural challenges.
1. Sectoral Variations: While IT and BPO sectors may quickly adopt policies due to existing remote work norms, manufacturing, retail, and informal sectors may find it harder to operationalise.
2. Enforcement and Monitoring: The Bill proposes 1% of total employee remuneration as penalty for non-compliance. Enforcing this requires robust auditing and reporting mechanisms, which may be difficult for smaller companies.
3. Digital Culture Shift: Beyond legal obligations, success depends on a cultural shift. Employers and managers must internalise the value of disconnecting without fear of productivity loss.
Despite challenges, the Bill also presents unique opportunities:
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Boosting productivity: Limiting overwork has been shown globally to improve focus and innovation.
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Enhancing ESG credentials: Early adoption can become a competitive advantage, attracting investors and talent alike.
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Setting a global benchmark: India can position itself alongside countries like France and Portugal as a leader in modern digital workplace rights.
HOW MUCH DO WE NEED? BALANCING FLEXIBILITY AND REGULATION
The Bill smartly avoids rigid “one-size-fits-all” rules. It allows companies to negotiate terms of out-of-hour work with employees, recognising the diverse operational needs of different industries. However, to make it effective, India may need:
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Clear guidelines for sector-specific policies: Tailored frameworks for IT, services, manufacturing, and informal sectors.
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Awareness campaigns: Counselling, workshops, and digital detox initiatives to cultivate a healthy disconnect culture.
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Monitoring and dispute resolution: Employee Welfare Committees must be empowered and trained to mediate conflicts effectively.
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Integration with governance and ESG reporting: Standardised disclosure frameworks to ensure accountability at the board level.
Effectively, the Bill is less about banning communication and more about creating boundaries, negotiating agreements, and formalising rights, which require careful planning and enforcement.
GLOBAL LESSONS: LEARNING FROM FRANCE, PORTUGAL, AND AUSTRALIA
India can take cues from countries that have implemented similar legislation:
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France (2017): Companies with over 50 employees must negotiate “right to disconnect” agreements. Non-compliance can be challenged in labour courts.
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Portugal (2021): Employers have the right to refuse work emails after hours. Employers must provide guidelines on acceptable communication.
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Australia (Flexible Work Laws): Encourages flexible arrangements while allowing employees to limit work outside core hours.
In all cases, success depended on cultural adoption, negotiation, and enforcement, not just legal codification—a lesson India must heed.
CONCLUSION: A STEP TOWARDS HUMANE WORKPLACES
The Right to Disconnect Bill represents a landmark initiative in India’s evolving labour landscape. By recognising employees’ need for personal space and mental wellbeing, it goes beyond conventional work-hour regulations and ventures into digital rights, corporate governance, and ESG compliance.
While challenges in enforcement and sectoral diversity remain, the Bill’s flexible framework, combined with a governance-oriented approach, makes it feasible and potentially transformative. In a country where the average employee often works far beyond the traditional 9-to-5, this legislation could reshape workplace culture, productivity, and even corporate accountability.
Ultimately, the Right to Disconnect is not just about switching off a phone; it is about reclaiming time, health, and human dignity in a hyper-connected world. Boards, policymakers, and employees alike must now grapple with this shift—because the future of work in India may well depend on our ability to log off.
Pankaj Chhuttani is the Assistant Professor in the School of Law, Forensic Justice and Policy Studies at National Forensic Sciences University, Gandhinagar, Gujarat.
