In today’s digitized world, where hybrid working has become the norm and the lines between work and home are increasingly blurred, people find it harder to switch off. The expectation to be “always on” has become standard practice, leading to rising levels of burnout and a decline in mental wellbeing.
Since August 2024, Australia’s new “right to disconnect” legislation has offered a solution, allowing people to refuse work-related communications outside their regular working hours. This legal change reflects a growing global movement toward protecting people’s time, with many companies proactively updating their policies to include the right to disconnect, even without legal mandates.
However, not all regions are on board. In the US, a similar bill in California was recently shelved, leaving people at many companies still expected to be available at all times.
Yet embracing the right to disconnect isn’t just about compliance—it’s about staying competitive in today’s modern workforce. The question for HR leaders is clear: Will those not embracing the right to disconnect fall behind in attracting and retaining top talent?
Why is the right to disconnect relevant now?
During the pandemic, many countries saw a dramatic rise in remote work, with hybrid work arrangements becoming the norm rather than an exception. In the UK, the shift to home-based work was dramatic: the percentage of people primarily working from home skyrocketed from 6 percent to 43 percent almost overnight during lockdown.
Although these numbers have since decreased, the demand for hybrid work remains strong. In the US, over 50 percent of remote-capable people work in hybrid setups, while similar trends are observed in other regions. Globally, around 25 percent of people worldwide now operate on a hybrid work schedule.
For these people, greater autonomy over their working hours is key. Many find that working from home boosts their productivity, while remote work has also improved inclusivity for those with caregiving responsibilities or health issues.
However, these advantages can come with downsides. Remote people often find themselves connected to work for longer periods, frequently responding to emails or joining video calls outside their core hours. The challenge is even greater when home spaces, like a dining room table or a bedroom corner, double as workspaces. This constant connectivity can blur the lines between work and personal life, making it hard to switch off and unwind.
What is the right to disconnect?
The right to disconnect is a policy that promotes a healthy work-life balance by allowing people to fully disconnect from work during non-working hours, including evenings, weekends, and holidays. It recognizes the need for personal time, free from work-related interruptions, to enhance wellbeing and productivity.
A legal right to disconnect might prohibit contacting team members via email or other means after a designated time or during their holidays, except in exceptional situations.
The global right to disconnect
The number of countries adopting a proactive stance on this issue is rapidly expanding:
Australia
Australia’s new legislation, effective August 2024, empowers people to refuse to respond to work-related communications outside their regular working hours. It is a significant step in recognizing the importance of personal time, with penalties in place for employers who fail to comply.
United Kingdom
In the UK, while there is no nationwide right to disconnect law, the conversation is gaining traction. The UK’s new government has promised to take action to “promote a positive work-life balance for all workers” and to prevent homes from “turning into 24/7 offices.”
US (California)
In California, a proposed bill to introduce the right to disconnect was recently shelved, reflecting the ongoing debate in the US over work-life balance and labor rights. Despite this, some progressive companies have taken the initiative to implement their own policies, recognizing the benefits of employee productivity and retention.
France
France has pioneered in this area, introducing the right to disconnect in 2017. The law requires companies with over 50 employees to negotiate policies limiting work-related communication after hours.
Germany
Germany has taken a unique approach, with some companies like Volkswagen and Daimler implementing internal policies that restrict after-hours email access to protect people from the constant pressure to be available.
Italy and Spain
Both Italy and Spain have also introduced laws to protect people’s right to disconnect. These laws aim to address the challenges posed by modern technology and remote work and ensure that people have the time to recharge.
Company policies
Even in regions without legal mandates, many companies recognize the need to develop their right-to-disconnect policies to better suit today’s modern workforce. These policies are often tailored to the specific needs of the company and its people, balancing operational demands with the workforce’s wellbeing.
By implementing these policies, companies are enhancing team satisfaction and boosting productivity. People who can fully disconnect during their personal time are more likely to return to work refreshed, motivated, and ready to contribute effectively.
Benefits of the right to disconnect
The benefits of the right to disconnect are clear. Research suggests that people who can disconnect from work during non-working hours experience lower stress levels, higher job satisfaction, and better overall mental health. This, in turn, leads to reduced absenteeism, lower turnover rates, and increased productivity.
For HR leaders, promoting the right to disconnect can be a powerful tool for improving employee engagement and retention. It sends a strong message that the company values its people’s wellbeing and is committed to creating a sustainable work environment.
Challenges of the right to disconnect
Implementing the right to disconnect is not without its challenges. Some businesses have expressed concerns that it could impede productivity and communication, especially in fast-paced or client-facing environments. For global companies, different time zones can make it difficult to enforce a one-size-fits-all policy.
Additionally, managing expectations around what constitutes “urgent” communication can be challenging. The key is establishing clear guidelines and expectations around after-hours communication within organizations. Moreover, in industries where after-hours work is sometimes unavoidable, HR leaders must find a balance that allows for flexibility while still protecting their people’s right to personal time.
Recommended For Further Reading
What HR leaders can do
If HR leaders want to adopt a forward-thinking approach, embracing the right to disconnect is essential. If HR leaders are looking to adopt a more forward-thinking approach, considering the right to disconnect can be beneficial. Doing so not only positions their organization ahead of competitors, but also makes it more attractive to top talent and improves employee retention. While it may not yet be a legal requirement in all regions, this policy is rapidly becoming a hallmark of modern workforce management, reflecting the evolving needs and expectations of today’s people.
HR leaders play a critical role in championing the right to disconnect within their organizations. Here’s how you can lead the charge:
- Assess current policies: Review existing communication policies and practices to identify areas where people may feel pressured to be available outside of work hours.
- Develop clear guidelines: Create clear, enforceable guidelines that define what the right to disconnect means for your organization. Ensure these guidelines are communicated effectively to everyone.
- Promote a culture of respect: Encourage a culture where your team’s personal time is respected. This can include setting expectations for response times and discouraging non-urgent communications outside working hours.
- Provide training: Offer training for managers and team members on the importance of the right to disconnect and how to manage work-life boundaries effectively.
- Lead by example: HR leaders and senior management should model the behavior they expect from others. By respecting their own right to disconnect, they set a powerful example for the rest of the organization.
- Monitor and adjust: Continuously monitor the effectiveness of your right to disconnect policies and be open to making adjustments as needed. Solicit feedback from your people to ensure the policies are meeting their needs.
Even if your organization isn’t ready to implement a formal right to disconnect policy, there are still meaningful ways to support your people’s work-life balance. Fostering a culture of trust and transparency, encouraging open communication with managers, and offering flexible working arrangements can all contribute to an environment where your people feel empowered to disconnect.
The right to disconnect in the modern world
As flexible and remote working arrangements are now the norm, it’s crucial for HR leaders to set clear boundaries around communication outside standard working hours. The right to disconnect is a significant step forward in achieving this balance.
In countries where it’s law, people gain essential legal protection. But even more commendable are the companies adopting this policy voluntarily, exemplifying what it means to be a modern, forward-thinking organization that truly prioritizes the wellbeing of its people.
For HR leaders, embracing this right is about more than compliance—it’s about fostering a sustainable, productive, and engaged workforce that stays competitive by attracting and retaining top talent.
