The Right to Disconnect Across Jurisdictions

The “right to disconnect,” or the ability of workers to disconnect from work-related communications and activities outside their normal working hours, has become a pressing issue following the COVID-19 pandemic and the widespread shift to remote and flexible working. While some workers may appreciate the increased autonomy and flexibility that remote working offers, others may face challenges in maintaining a healthy work-life balance, managing expectations and boundaries, and avoiding burnout and stress.

There are various approaches to the right to disconnect across jurisdictions. For example, while some jurisdictions rely on codes of practice, others address the right to disconnect via legislation, or restrict the right to teleworkers/remote workers only. At the time of writing, no right to disconnect laws have been enacted in the United States. The United Kingdom was proposing to introduce a “right to switch off” through a statutory code of practice but it has been reported that this proposal is due to be abandoned.

With different jurisdictions adopting or considering various legal and policy responses to address the right to disconnect, this series of Q&As provides an overview of the current position and developments in 15 countries, highlighting the main challenges, opportunities, and best practices for employers and employees. This series includes contributions from Mayer Brown’s Employment & Benefits team and local counsel.