Britain could become the latest country to grant workers the right to ignore emails during personal time.
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British workers will be able to ignore work-related emails and phone calls outside of working hours.
This comes after the New Labour government made a promise in its election manifesto to give workers the “right to switch off” – to switch off outside working hours and refuse to work overtime at weekends.
However, the “right to switch off” is not a new concept and is already accepted in several European countries. Here’s how it’s implemented in some countries:
The EU
The European Union (EU) defines the right to disconnect as “a worker's right to disconnect from work outside working hours and to refrain from work-related electronic communications, such as emails and other messages.”
But that's not written into EU law. The European Parliament wants to change that, and on January 21, 2021, it called on the European Commission to enact legislation that would allow employees to disconnect from work outside of working hours without any penalty and set minimum standards for remote working.
The “right to leave work” has become more important since the spread of work-from-home (WFH) practices due to the COVID-19 pandemic. However, there are concerns that home life will become a 24-hour office, leading to increased overtime work.
The European Parliament said interruptions outside working hours and extended working hours could increase the risk of unpaid overtime and have a negative impact on health, work-life balance and rest from work.
In response, the European Commission launched a first phase of consultations with European social partners in April 2024 to gather views on the direction of EU action on fair teleworking and ensuring the right to disconnect.
France
France is considered a pioneer of the “right to switch off” after passing a law in 2016 allowing employees to switch off their mobile phones outside of working hours.
Companies with 50 or more employees are required to create a “good conduct charter” and set specific times when employees cannot send or receive email.
Companies that do not comply with the rules could face fines of 3,750 euros and up to one year in prison.
Belgium
Belgium was one of the most recent countries to pass a “right to switch off” law in February 2022. It initially only covered the country's civil servants, but was amended in 2023 to also apply to companies with more than 20 employees.
But while the law is there, there are no penalties for companies not complying with it, and there is an exception for emergency service work.
Spain
Remote workers have the right to disconnect digitally outside of working hours.
Employers should also develop internal policies regarding the right to disconnect and provide employees with training on the appropriate use of technology tools.
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Portugal
Portugal calls the law it introduced in 2021 the “right to rest.”
Businesses with 10 or more employees can be fined for contacting employees outside of contracted working hours, except in cases of force majeure where employers can contact employees, although misusing this exception can lead to prosecution for serious labour offences.
Italy
In Italy, the right to disconnect is enshrined in the so-called “smart working” law.
The law requires that telework agreements detail the specific technical and organizational procedures necessary to allow employees to completely disconnect from work-related electronic devices. The agreements must also specify break times.
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Greece
The “right to disconnect” was enacted into Greek law in 2022. This means that remote workers must completely refrain from communicating with work requests, especially emails and phone calls, outside of working hours and on holidays.
The law also prohibits discrimination against employees who exercise their right to amputation.
