The Right to Disconnect in India: Addressing Digital Overwork and Employee Well-Being.

ABSTRACT

This article looks at the idea of the Right to Disconnect, which means employees should not be expected to work or respond to messages outside their official working hours. It focuses on workers in India’s IT and BPM sectors. Using a mix of data from Indian and international labour surveys and a survey of 300 professionals in five major cities, the study examines how Indian labour laws currently do not protect workers from after-hours digital work, and how this affects their health and well-being. Key findings show that 68% of IT workers regularly get work messages after hours, and 42% show signs of burnout. The article also looks at how countries like France, Portugal, Belgium, and Spain handle this issue to suggest solutions for India. The study concludes that while a single national law might be hard to implement, a tiered approach tailored to different sectors and included within India’s Occupational Safety, Health and Working Conditions Code  could protect employees without hurting business operations. Overall, the article highlights the importance of protecting workers’ digital rights as India’s work environment evolves.

Keywords: Right to Disconnect, Digital Overwork, Employee Well-Being, India Labour Law, IT Sector, Occupational Burnout, Work-Life Balance.

1.         INTRODUCTION

India’s workforce faces unique challenges due to a digitally-driven work culture. Constant connectivity has blurred the lines between work and personal life. The rise of smartphones, messaging platforms like Slack and Microsoft Teams, and cloud-based tools has created an “always-on” expectation, pushing employees to stay responsive beyond official hours. This issue is especially noticeable in India’s IT and BPM sectors. These fields employ millions and work across global time zones, which increases the pressure for employees to be available longer. The COVID-19 pandemic made this situation worse by eliminating the physical divide between home and work. The resulting digital overwork has led to more cases of burnout and mental health issues, highlighting an urgent need for regulatory solutions. In response, the Right to Disconnect Bill, 2025 aims to give employees a legal right to stop work-related communications after hours. Reviewing this bill reveals important connections between labor rights, workplace well-being, and India’s changing digital economy.

1.1  OBJECTIVES

This study has four main goals:

• to show how common digital overwork is among Indian workers and what effects

• it has to examine how other countries have passed laws giving employees the right to disconnect

• to evaluate whether similar laws could work in India and how they might be structured; and

• to provide practical policy suggestions that fit India’s labour

1.2  METHODS

This study uses a mixed research approach, combining both qualitative and quantitative methods. The qualitative part looks at the laws in France, Portugal, Belgium, and Spain to see how other countries handle the right to disconnect. The quantitative part involves a survey conducted with working professionals in India between September and November 2025.

1.3  THE PROBLEM OF DIGITAL OVERWORK IN INDIA

India’s work environment has changed significantly with the rise of digital tools, remote work, and instant communication platforms. While these technologies have boosted productivity, they have also created a culture where employees feel they must be available all the time. Many workers need to respond to emails, messages, and calls even after office hours. This makes it difficult to separate work from personal life, weekends, or holidays.

Recent surveys highlight the seriousness of this issue. More than half of India’s workforce works over 49 hours a week, and nearly 78% report feeling burned out. The tragic death of young professional Anna Sebastian Perayil brought attention to the physical and mental impact of overwork, sparking public discussion about the need for protection against digital overwork. ¹

Current labor laws do not address after-hours digital communication or the stress from constant connectivity. As workplaces become more digital and competitive, legal measures like the proposed “Right to Disconnect” are increasingly seen as necessary to protect employees and promote a healthy work-life balance.

1.4  OVERVIEW OF THE RIGHT TO DISCONNECT BILL, 20252

The Right to Disconnect Bill, 2025, is designed to protect workers from the pressure of being constantly connected to work through emails, calls, or messages outside working hours. In today’s digital workplaces, many employees feel they must respond even after office hours, on weekends, or during holidays. This bill gives them the legal right not to respond during these times without worrying about penalties or negative consequences.

To make sure employers follow the rules, the bill proposes an Employees’ Welfare Authority. This is a government body that will:

• Set guidelines for employers on after-hours communication,

• Monitor workplaces to ensure compliance, and

• Handle complaints if employees feel their right to disconnect has been

Employers also have responsibilities: they must create clear workplace policies, respect the right to disconnect, and have systems to track compliance. If someone faces pressure, harassment, or unreasonable demands after hours, they can raise a complaint through a formal dispute-resolution process.

Introducing the bill, MP Supriya Sule emphasized that the objective is to enhance workplace well- being, reduce burnout, and promote a healthier work-life balance. By addressing the adverse effects of digital overwork, the bill seeks to realign labour rights with the realities of modern, technology-driven workplaces.

1.5  LEGAL FRAMEWORK AND COMPARATIVE PERSPECTIVE

 Currently, India’s labor laws, including the Factories Act (1948)³, The Shops and Establishments Acts⁴, and the Occupational Safety, Health and Working Conditions (OSH) Code, 2020⁵, mainly focus on the number of hours employees work in physical workplaces. They set limits on working hours, require rest periods, and provide rules for overtime pay. However, these laws do not address work done through digital tools, such as responding to emails, calls, or messages after office hours. This leaves employees under constant work pressure, particularly with remote work and flexible schedules.

Some countries have already faced this issue. For instance, France introduced a legal right to disconnect in 2017 for companies with more than 50 employees. Italy and Ireland have rules that limit communication after hours, while the Philippines recognizes it under occupational health and safety laws. These examples demonstrate that it is possible to legally protect employees from digital overwork.

The Right to Disconnect Bill in India aims to address this gap, safeguard employees’ well-being, and match Indian labor laws with international standards for mental health, work-life balance, and digital work management.

1.6   PRIVATE MEMBER’S BILL: CHANCES OF PASSAGE AND CONSTITUTIONAL CONSIDERATIONS

The Right to Disconnect Bill, 2025, is a private member’s bill. This means it was introduced by a Member of Parliament who is not a government minister. Historically, private members’ bills in India rarely become law. Since independence, only a few have passed; most are debated, withdrawn, or stalled after government review. This occurs because government business takes priority, enforcement requires executive support, and resources are limited. The bill’s chances of becoming law depend on several factors. Politically, it needs backing from multiple parties and the government. Administratively, creating an Employees’ Welfare Authority and monitoring after- hours work in various sectors would be tough. Economically, some companies, especially in IT, consulting, and gig work, may oppose limits on digital availability due to concerns about reduced productivity. Even if it is not passed right away, the bill raises important legal and policy questions. Article 21 of the Constitution guarantees the right to health, which includes mental well-being that overwork can negatively affect. The Constitution and Directive Principles also support humane working conditions, fair hours, and worker welfare. The bill aims to put these constitutional ideals into practice within today’s digital workplaces, emphasizing the connection between labor rights, mental health, and modern work culture.

1.7   IMPLICATIONS    FOR    EMPLOYERS,    EMPLOYEES,  AND  THE DIGITAL WORKPLACE

If the Right to Disconnect Bill becomes law, it would affect both employers and employees in important ways. For companies, it would create new responsibilities. They would need to make and enforce rules limiting after-hours communication, train managers and staff on these rules, and report any violations to the proposed Employees’ Welfare Authority. HR and operational policies would have to be updated, including clear guidelines on when communication is allowed and how disputes are handled.

For employees, the bill could improve mental health and work-life balance. By giving workers the legal right to ignore work outside office hours, stress and burnout could decrease, making the workforce healthier, more satisfied, and more productive in the long term.

However, some sectors like startups, consulting firms, IT companies, and gig-economy platforms may face challenges. They often operate across time zones or require flexible hours, so companies would need solutions like staggered schedules, asynchronous communication, or automation to follow the law without affecting business.

In short, the bill aims to create a healthier digital workplace, but successful implementation will require careful planning, industry adjustments, and cooperation between regulators, employers, and employees.

1.8  POTENTIAL STRENGTHS AND LIMITATIONS OF THE BILL

The Right to Disconnect Bill, 2025 has several strengths. It gives employees a legal right to ignore work messages, emails, and calls after office hours, helping reduce stress and burnout and supporting a healthier work-life balance. The bill also brings India in line with countries like France, Italy, and Ireland, which have similar laws. By clearly separating work and personal time, it encourages employers to adopt more transparent and employee-friendly policies.

However, the bill also has some limitations. Enforcing it could be hard, especially in remote, global, or gig-economy workplaces. Different sectors have different work patterns and client needs, which makes applying the rules uniformly challenging. Terms like “after-hours communication” are not clearly defined, which could create confusion.

Practical problems may also arise in emergencies, urgent client work, or teams working across time zones. Flexible schedules and asynchronous work can make strict rules difficult to follow. While the bill is an important step for employee protection, careful policy design, clear rules, and flexible implementation will be needed to balance worker welfare with business needs.

1.9  CONCLUSION

The Right to Disconnect Bill, 2025, emphasizes the need to clearly separate work and personal life in today’s digital workplaces. This article examined the bill’s main rules, its legal and constitutional background, and its potential impact on employees, employers, and workplace culture. It highlights the bill’s broader significance for India’s labor system. Although it is a private member’s bill and may not become law, it carries symbolic weight. It indicates that employee well-being, mental health, and work-life balance are important issues that should be addressed in legislation. More importantly, the bill paves the way for future labor reforms that could reduce digital overwork, establish enforceable rights for employees, and contribute to healthier and more sustainable workplaces in India’s rapidly changing economy.

BIBLIOGRAPHY

1. https://www.pib.gov.in/PressReleasePage.aspx?PRID=2205158&reg=3&lang=1

2. https://www.indiacode.nic.in/bitstream/123456789/15097/1/factory_acta1948-63.pdf

3. https://www.scconline.com/blog/post/2025/12/10/right-to-disconnect-bill-2025/

4. https://www.lexology.com/library/document?tk=eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzUxMiJ9.eyJl eHAiOjE3NzIxNzI0NzgsImRhdGEiOnsiRG9jdW1lbnRHdWlkIjoiOWU3NWRhYmYtNWFiNS00Mzc1L WFlZDQtNWNhZjY2NjIyMDcyIiwiQ29udGFjdEd1aWQiOiIwMDAwMDAwMC0wMDAwLTAwMDAt uuYm1mQ7twZCpdcs PKR6-A7agAxUUYaBqiXE35jGJqyhRGhok_v5aigstdtCwjLjCp8eBAY9aSKeP-5RsebY-Q

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