RIGHT TO DISCONNECT BILL 2025: LEGAL ANALYSIS, STATUTES, CONSTITUTIONAL FRAMEWORK & WORK-LIFE BALANCE DEBATE

INTRODUCTION

Lok Sabha MP Supriya Sule has reintroduced “The Right to Disconnect Bill, 2025”, a private member's bill aimed at protecting employees from work-related communication outside official working hours. The Bill seeks to address the rising burnout associated with digital work culture, especially in an era where remote work and continuous connectivity have blurred the boundaries between professional and personal life.

The new proposal arrives amid a national debate on work-life balance, triggered by statements from top industry leaders advocating extreme working hours.

PURPOSE OF THE RIGHT TO DISCONNECT BILL 2025

The Bill seeks to safeguard employees from excessive employer contact beyond work hours by providing:

  1. A statutory right to refuse calls, emails, and messages after working hours.

  2. A protection from disciplinary action if employees decline communication.

  3. A provision for overtime pay if employees voluntarily respond beyond hours.

  4. A framework for mutual agreement between employee and employer regarding limited after-hour contact.

  5. Mandates for governments to create digital detox centres and provide counseling services.

  6. A penalty clause imposing 1% of total remuneration for non-compliance by companies.

KEY FEATURES OF THE BILL

1. Statutory Right to Disconnect

Employees gain the legal right to ignore official calls or emails outside work hours.

2. No Disciplinary Action

Employers cannot penalize employees who choose not to respond outside office time.

3. Overtime Entitlement

Employees who voluntarily respond to official communication are entitled to overtime pay at normal wage rate, in a manner notified by the government.

4. Permitted After-Hour Communication

Employers may still contact employees through calls, messages, emails, or video communication, but only during a mutually agreed time window, not forcefully or routinely.

5. Counseling and Digital Detox

The appropriate government must:

• Provide work-life balance counseling,
• Establish digital detox centres,
• Promote responsible use of digital tools.

6. Penalties for Non-Compliance

Companies violating the Bill’s provisions face a penalty equal to 1% of the total employee remuneration.

SOCIAL & CORPORATE BACKDROP

The introduction of the Bill comes amid a larger national conversation on overwork culture, triggered by comments from corporate leaders:

• Narayana Murthy advocated for a 70–72 hour work week and rejected the idea of work-life balance.
• L&T Chairman S.N. Subrahmanyan supported a 90-hour work week, and regretted not being able to make employees work on Sundays.
• Gautam Adani stated that work-life balance depends on doing what one likes and should not be imposed universally.
• Ola Electric CEO Bhavish Aggarwal dismissed weekends as a Western concept.
• Namita Thapar rejected comparisons of founders' and employees' work ethics.

Against this backdrop, the Bill aims to formalize boundaries and prevent exploitation in India's evolving workplace ecosystem.

STATUTES RELEVANT TO WORKING HOURS & EMPLOYEE RIGHTS

Though India does not currently recognize a statutory “right to disconnect,” several laws regulate working hours, overtime, and employee protection.

1. Factories Act, 1948

• Limits working hours to 48 hours per week.
• Mandates overtime pay at double the ordinary wage.
• Provides mandatory weekly off and rest intervals.

2. Shops and Establishments Acts (State Laws)

• Regulate working hours in the service sector.
• Provide weekly holidays, spread-over limits, and overtime provisions.

3. Code on Wages, 2019

• Provides for overtime compensation.
• Applicable across sectors once fully implemented.

4. Occupational Safety, Health and Working Conditions Code, 2020

• Regulates working hours, rest periods, and OHS standards.
• To be operationalized upon notification by the Centre.

5. Industrial Relations Code, 2020

• Protects workers from unfair labour practices.

None of these laws currently prohibit after-hours communication by employers. Hence, the Right to Disconnect Bill seeks to fill this legislative vacuum.

CONSTITUTIONAL PROVISIONS RELEVANT TO THE RIGHT TO DISCONNECT

Article 21 – Right to Life & Personal Liberty

Recognized to include:

• Right to live with dignity
• Right to mental health
• Right to rest and leisure
• Protection from excessive work-related stress

The Bill reinforces this constitutional guarantee.

Article 14 – Equality Before Law

Ensures protection from arbitrary and unreasonable employer actions, such as imposing excessive after-hours work.

Article 19(1)(a) – Freedom of Expression

Employees have autonomy over personal time, including the right not to engage in employer communication after work hours.

Article 23 – Prohibition of Forced Labour

Courts have occasionally interpreted unpaid overtime or coerced after-hours work as exploitative.

JUDICIAL PRECEDENTS RELEVANT TO WORK HOURS & EMPLOYEE RIGHTS

India lacks direct jurisprudence on the “right to disconnect,” but several rulings strengthen the underlying principles:

1. People's Union for Democratic Rights (1982)

The Supreme Court held that forcing labour without fair pay violates Article 23.

2. Municipal Council, Ratlam v. Vardichan (1980)

Recognized that the State must ensure conditions that enable citizens to live with dignity (Article 21).

3. Maneka Gandhi v. Union of India (1978)

Expanded Article 21 to include a dignified, humane quality of life.

4. Labour Law Cases on Overtime

Courts have consistently held that employees cannot be compelled to work without lawful compensation.

5. International Influence – EU Working Time Directive

Though not binding, it inspires global “right to disconnect” norms adopted in:

• France
• Italy
• Spain
• Ireland
• Philippines

The Indian Bill is aligned with these international standards.

IMPACT OF THE BILL ON EMPLOYERS & EMPLOYEES

For Employees

• Reduced burnout
• Protection from coercive after-hours demands
• Better mental health and work-life balance
• Guaranteed overtime pay

For Employers

• Need to implement internal policies
• Develop communication protocols
• Potential cost implications due to overtime liability
• Improvements in workforce satisfaction and productivity

CONCLUSION

The Right to Disconnect Bill 2025 aims to reshape India’s modern workplace by legally defining the boundaries between work and personal life. While it is still a private member’s bill, and therefore faces uncertain chances of passage, it sends a strong message about the necessity of formal legal protection in an era dominated by digital connectivity and continuous employer access.

If implemented, it will become a significant milestone in Indian labour law, aligning the country with global best practices and reinforcing constitutional guarantees of dignity, equality, and personal liberty.

Location: Pune, Maharashtra, India

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