The Right to “Disconnect” After Working Hours
The boundary between family life and working time has increasingly blurred since remote work became widespread. To protect workers’ rights and well-being, many countries have been considering regulations recognizing the “right to disconnect” after working hours.
What is the “Right to Disconnect”?
Experts say the need to disconnect is becoming more urgent as remote and hybrid work models become more common in many companies.
When homes turned into workplaces during pandemic lockdowns, Kenyan lawmaker Samson Kiprotich Cherargei noticed that many people were working beyond the legal limit of 52.5 hours per week.
As a result, a bill was introduced in Kenya’s parliament this year that would prohibit employers from contacting employees for work-related purposes after working hours or during weekends.
“In an era where work is shifting from traditional offices to online platforms, it is crucial to establish appropriate regulations to protect workers’ mental health, prevent burnout, and ensure a balance for family happiness,” Cherargei said.
Regulations Around the World
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France, known for its 35-hour workweek, was a pioneer. In 2017, it passed a law allowing employees to ignore job-related communications after office hours. At the time, Socialist Party member Benoit Hamon told the BBC that “Employees leave the office, but they never really leave their work.” They remain tied to what he called a “digital leash.”
Gwendoline Dessaux, who manages a restaurant and climbing center in Strasbourg, often leaves her phone behind during vacations. This year, she also instructed her staff not to check messages or work outside their scheduled shifts.
In Portugal, regulations promoting work–life balance took effect in late 2021 for companies with more than 10 employees. Employers who violate the rule may face financial penalties. Ana Catarina Mendes, Minister for Parliamentary Affairs, said the pandemic made such legislation urgent.
Other European countries—Italy, Belgium, Spain, and Ireland—have also implemented similar policies at varying levels. In late 2022, Belgium allowed civil servants to ignore emails, messages, and phone calls after working hours without fear of punishment. Efforts to extend this policy to the private sector are underway. According to Public Administration Minister Petra De Sutter, the government hopes the rule will help reduce workload pressure and improve work–life balance.
Italy has had a right-to-disconnect law since 2017 that applies to remote workers, allowing them to disconnect after working hours.
In Kenya, the proposed bill would require companies with more than 10 employees to consult with staff or labor unions before enforcing disconnect policies. Violations could result in fines of up to $4,000. Employees would also be entitled to extra pay if required to work outside regular hours. If employers refuse, workers may take legal action in labor court.
Some countries apply right-to-disconnect policies at local levels. In Australia, several states have granted this right to public servants, teachers, and digital workers. Queensland, for example, granted digital disconnect rights to teachers in December last year.
According to the World Economic Forum (WEF), not only governments but also major corporations have begun adopting multinational agreements to protect employees’ right to disconnect.
However, in countries like the United States and India, no formal right to disconnect exists yet, despite growing public support. A 2018 bill proposed in the New York City Council to prohibit employers from requiring after-hours email responses was not passed.
Why Is the Right to Disconnect Necessary?
Recent surveys cited by the WEF show that many remote workers are increasingly burnt out. Working from home makes it harder to separate professional and personal life. More than one-third of American employees say they struggle to disconnect from work when working remotely.
Experts argue that disconnecting from work allows employees to rest, reset, and return with renewed creativity and energy. Ariane Ollier-Malaterre, a management professor at the University of Quebec in Montreal who has published research on the right to disconnect, says switching off from work helps reduce stress and improve productivity.
“The problem is that people often feel guilty or obligated to respond to work matters, even off the clock, which prevents them from getting real rest,” she said. “Creating boundaries between work and personal life allows workers to truly recharge and return stronger and more creative.”
Debate Over Productivity
In Kenya, an employers’ association has expressed concern that the proposed bill would rigidify the labor market, harm the economy, and hinder job creation in the private sector. Jacqueline Mugo, CEO of the Federation of Kenyan Employers, warned: “If today’s challenges and pressures on workers are not reduced, new regulations may make jobs less flexible.”
Still, many individuals recognize the value of rest even without legal requirements. “On Fridays, I still bring work home and finish it over the weekend. I don’t get paid for it, but I know this effort will pay off in future raises,” said Susan Gituku, a credit officer at a financial company in Nairobi.
Others hope change will bring healthier work cultures where people can enjoy life without sacrificing productivity. Daniel Mwangi, 37, resigned from his project manager role in Nairobi in 2021 after working nearly 90 hours a week. He now runs his own business based on his passion and earns a stable income. “If employers realize that rest actually benefits companies, they will see the value of the right to disconnect,” he said.
Psychologist Lauren Banks points out that decades of research show productivity is highest among workers who are healthy, secure, and happy. “It’s true—when people rest properly, they return more efficient, creative, and fulfilled,” she affirmed.
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