The right to disconnect in an Always on economy
The Right to Disconnect refers to a worker’s legal entitlement to disengage from work-related digital communications—such as emails, calls, and messages—outside of official working hours without facing professional repercussions.
In India, this concept gains urgency amid long working hours and gig work pressures. Proposed legislation seeks to protect employees from after-hours demands without career penalties.
The Culture of Overwork in India and Its Consequences
- India’s culture of overwork—marked by long hours, blurred boundaries, and constant availability—has created a silent crisis of burnout, declining mental health, and rising lifestyle diseases among its workforce.
- Despite labour laws capping weekly hours at 48, surveys show that most employees regularly exceed this limit, with 88% receiving work communications outside office hours. The consequences range from stress‑induced illnesses to tragic deaths linked to overwork.
Roots of the Overwork Culture in India
- Economic Growth Pressure: India’s young workforce is seen as the backbone of its global competitiveness, especially in IT, finance, and service sectors.
- Weak Enforcement of Labour Laws: While laws cap working hours, overtime often goes uncompensated, and enforcement is lax.
- Digital Connectivity: Smartphones and remote work have made employees perpetually reachable, eroding personal boundaries.
- Corporate Expectations: “Always‑on” culture equates long hours with dedication, creating peer pressure to overwork.
Health Consequences of Overwork in India
- Mental Health Strain
- Rising cases of burnout, anxiety, and depression among young professionals, especially in IT and finance.
- Social stigma around mental health discourages employees from seeking help.
- Physical Health Risks
- Chronic stress contributes to hypertension, diabetes, cardiovascular disease, and weakened immunity.
- Tragic deaths of employees at EY and HDFC Bank in 2024 highlighted the extreme toll of overwork.
- Lifestyle Diseases
- Sedentary work combined with long hours increases obesity and metabolic disorders.
- Suicides & Fatalities
- Overwork has been linked to suicides and sudden deaths, sparking national debate on workplace culture
Productivity Consequences
- Declining Efficiency
- Fatigue reduces focus, creativity, and decision‑making quality.
- Overworked employees make more errors, lowering overall output.
- High Attrition
- Burnout is a leading cause of resignation in India’s tech sector, draining talent pools.
- Talent Drain
- Skilled professionals migrate to healthier work cultures abroad or shift to startups.
- Hidden Costs
- Companies face rising healthcare expenses, absenteeism, and disengagement, which outweigh short‑term productivity gains.
- National Impact
- A chronically stressed workforce undermines India’s demographic dividend and long‑term competitiveness.
Right to Disconnect Is Needed
Core Arguments for the Right
- Mental Health and Burnout: Proponents argue that constant connectivity leads to chronic stress, anxiety, and "digital fatigue." In India, for instance, nearly 78% of employees report experiencing burnout, and over half work more than 49 hours per week.
- Dignity and Autonomy: The right is seen as an extension of the Right to Life (Article 21) and the right to rest and leisure (UDHR Article 24), asserting that workers should not be treated as a "24/7 capitalistic resource".
- Productivity Paradox: Research suggests that extended hours do not translate to higher output. A 2023 study found that employees who log off at the end of the day have 20% higher productivity scores than those who feel pressured to stay connected.
- Physical Health Risks: Excessive screen time and after-hours work are linked to insomnia, cardiovascular diseases, diabetes, and musculoskeletal disorders.
Global Precedents (2017–2026)
- France(The Pioneer): The 2017 El Khomri Law was the first to mandate that companies with over 50 employees negotiate protocols for digital tool usage.
- Australia(Enforcement Model): Since August 2024, Australian workers have a legal right to refuse "unreasonable" after-hours contact.
- Penalties: Violations of Fair Work Commission (FWC) orders can result in fines up to A$19,000 for individuals and A$94,000 for corporations.
- Portugal (Strict Prohibition): Portugal enacted some of the world's most stringent rules in 2021, effectively banning employers from contacting staff outside hours except in emergencies.
- Spain & Belgium: Spain attaches labor inspection penalties to violations.
- Belgium made protocols compulsory for all companies with 20+ employees starting in 2023.
- South Korea (Upcoming 2026): In early 2026, the South Korean government announced plans to introduce a bill to curb its "always-on" culture, aiming to bring annual working hours down to the OECD average by 2030.
- United States: While California's AB 2751 (2024) stalled due to industry pushback, it set a precedent for future state-level debates. As of early 2026, there is still no federal right to disconnect in the U.S.
The Path Forward Beyond Legislation: Cultural and Organisational Change.
- In 2026, the global consensus has shifted: while legislation like India's Right to Disconnect Bill, 2025 provides the necessary framework, the true path forward lies in a profound cultural and organizational shift.
- Organizations are moving away from "toxic productivity" toward models that prioritize mental well-being and long-term sustainability.
- Forward-thinking companies are replacing "presenteeism" (being always online) with outcome-based evaluations.
- Teams are establishing clear, mutually agreed definitions of what constitutes a "genuine emergency" versus a task that can wait.
- Mental well-being is increasingly treated as a core component of occupational safety, with mandatory counseling services for work-life balance issues.
- Transparency as a Retention Tool: Organizations that proactively offer a right to disconnect are seeing higher employee retention, particularly among Gen Z workers who prioritize balance over "hustle culture".
- Companies are experimenting with "No-Meeting Days" and providing access to Digital Detox Centers to help employees manage technology fatigue.
Conclusion
The Always‑On Economy has blurred the boundaries between work and life, embedding a culture of overwork in India that is taking a heavy toll on health, productivity, and social well‑being. While digital tools and global competitiveness demand constant availability, humans cannot—and should not—be expected to function like machines.
- The Right to Disconnect emerges as a vital safeguard:
- It restores balance by protecting employees from after‑hours demands.
- It reduces burnout and lifestyle diseases, ensuring a healthier workforce.
- It enhances long‑term productivity by valuing rest, creativity, and sustainable engagement.
It aligns India with global best practices, strengthening its reputation as a fair and future‑ready economy.
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