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Should the Right to Disconnect be Legally Enforced?

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Should the Right to Disconnect be Legally Enforced?

Cherry Mishra

Cherry Mishra "Should the Right to Disconnect be Legally Enforced?" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-3, April 2022, pp.2069-2073, URL: https://www.ijtsrd.com/papers/ijtsrd49909.pdf

Using the "right to disconnect" discussion as a starting point, this article explores how this right can be achieved by focusing on the recommendations provided in this article and what are the loopholes that prevent it from being implemented. The purpose of this article is to assist unions in promoting and campaigning for the adoption of the right to disconnect in national laws. It is intended to minimise the use of electronic communication while simultaneously providing employees with the opportunity to improve their work-life balance and ensure adequate rest and healthy life. The "right to disconnect" can benefit both employees and enterprises as a whole. There is no doubt that the French law has been a major catalyst for movements around the world to legislate the right to disconnect, followed by other European countries like Germany, Italy, Belgium, Spain, Chile, Canada and so on. The author has demonstrated how it transitioned from being a part of the UDHR to a constitutional right guaranteed under Article 21. The author has also shed light on its practicality in India based on statistical data, concluding that whether its outcome is favourable or detrimental would be a matter of time and depends on each country's legislative and administrative mechanisms.

Disconnect, IT Act, labour, right to privacy, employment, right to life, El Khomri

Volume-6 | Issue-3, April 2022
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

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