Definition
The principle that workers should not be obliged to engage in work-related electronic communications outside their working hours, increasingly recognised across EU member states through national legislation and promoted by the European Parliament as a potential EU-wide right.
UK Context
Best Practices
- Develop a clear disconnect policy that specifies expected availability hours and the limited circumstances in which after-hours contact is acceptable
- Configure email and messaging systems to support boundaries, such as scheduling email delivery for working hours and enabling out-of-hours status indicators
- Train managers to model healthy disconnect behaviour and not penalise employees who do not respond outside working hours
- Negotiate disconnect arrangements with employee representatives or works councils to ensure policies reflect actual working patterns
- Monitor compliance through anonymous surveys and working time data, and address persistent boundary violations
Frequently Asked Questions
Is there an EU-wide right to disconnect?
Not yet. The European Parliament called on the Commission to propose a directive in January 2021, but no formal legislative proposal has been made at EU level. Several individual member states, including France, Belgium, Spain, Italy, Portugal, and Greece, have enacted national legislation establishing various forms of the right to disconnect.
Can an employer contact an employee outside working hours?
This depends on the applicable national legislation. In countries with strict disconnect laws like Portugal, employers generally cannot contact workers outside their working hours except in force majeure situations. In France, the modalities are negotiated at company level. In countries without specific legislation, existing working time rules and employment contracts govern availability expectations.
What are the penalties for violating the right to disconnect?
Penalties vary by member state. In Belgium, failing to comply with disconnect obligations can result in administrative fines. In Portugal, contacting workers outside hours without justification can lead to fines. In France, the obligation is primarily to negotiate in good faith rather than achieve a specific outcome, so penalties attach to failure to negotiate rather than individual contact. Some countries provide for compensation claims by affected workers.