From “always on” to switching off:  The right to disconnect in the EU

This process marks the next step of a broader initiative of the European Parliament, following its 2021 call for action. This initiative arose from the need to counterbalance the so called “on-call” culture, which manifests itself with workers being permanently accessible outside of regular working hours.

The right to disconnect is not a new concept. It refers to the right of employees to disengage from work and work-related communications (such as emails, phone calls, and messages) outside of working time. It is supposed to address the blurring of the distinction between professional and personal life, particularly with the rise of digital technologies and remote work. The idea gained significant traction during the Covid-19 pandemic, as the need to introduce and accommodate telework grew rapidly.

According to Eurostat data, after a sharp increase in 2020, remote work levels seem to have stabilised over the past couple of years. In 2024, 22.6% of employees ages 15 to 64 (sometimes or usually) worked from home.

So far, several jurisdictions – both within and outside the EU, have addressed the issue of the right to disconnect on a local level. France, Belgium, Italy, Portugal, and Spain have introduced the right to disconnect (with varying standards and requirements) into areas from company-level policies to individual arrangements and other legal mechanisms.

The forthcoming EU legislation is expected to allow employees to disconnect from work during non-work hours without consequences, while setting minimum standards for remote work. 

The proposed legislative measures include: 

• Protecting employees from victimisation and other repercussions; 
• Ensuring professional training and learning conducted remotely is recognised as work activity; and 
• Preventing such activities from being assigned during overtime or days off without fair compensation.

While waiting for the final legislation, it is important to remember that the right to disconnect is simply a concrete expression of workers’ fundamental right to rest. Working time regulations across all EU member states already safeguard compulsory rest periods. Rest is essential, and maintaining a clear work-life balance requires preserving these boundaries.

Undoubtedly, telework is here to stay. When well-organised, it can lead to broader inclusivity, cost savings and higher levels of employment. However, its regulation must be carefully designed, taking into account not only working time but also related issues such as data protection, surveillance, and mobility.

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Emilia Łowczyk is most comfortable navigating regulatory requirements with an emphasis on data protection and employment matters.