A comparative study of the right to disconnect in India, the European Union and the United States of America

Shantanu Vidyarthi; Ms Aradhna Yadav

A comparative study of the right to disconnect in India, the European Union and the United States of America

Author(s)	Mr. Shantanu Vidyarthi, Ms Aradhna Yadav
Country	India
Abstract	The digital transformation of work has fundamentally altered the relationship between employees and their employers. Smartphones, laptops, and cloud computing mean that work can now intrude into every moment of life, blurring the boundaries that once separated professional and personal time. This phenomenon—digital overwork—has reached crisis proportions in India, where over half of employees work more than 49 hours a week and nearly 78% report feeling burned out. The tragic death of a young professional at Ernst & Young in 2025 sparked a national conversation about the costs of constant connectivity and the need for legal protection. This dissertation examines the right to disconnect as a legal response to these challenges. It undertakes a comparative study of how India, the European Union, and the United States are grappling with digital overwork. The study adopts a doctrinal and comparative research methodology, analysing primary legal sources including the Right to Disconnect Bill, 2025, the French Labour Code, the Spanish Royal Decree-Law on working time recording, the Italian law on smart working, the EU Working Time Directive, and the US Fair Labor Standards Act. It also draws on secondary sources, including reports from Eurofound, analyses from the Vidhi Centre for Legal Policy, and scholarly articles from comparative labour law journals. The research reveals significant differences across the three jurisdictions. India's approach, embodied in the Right to Disconnect Bill, 2025, is grounded in constitutional values under Article 21 and proposes a comprehensive framework with an enforcement authority. The European approach is diverse, ranging from France's negotiation-based model to Spain's record-keeping requirements and Italy's focus on remote workers, all underpinned by the EU Working Time Directive and social dialogue. The United States has no federal right to disconnect, relying instead on market forces, state laws, and corporate policies within a framework that emphasizes flexibility and collective bargaining. The study identifies common implementation challenges, including defining working hours in the digital age, managing remote work and global teams, monitoring compliance, handling emergencies, and addressing the needs of different categories of workers. It also explores the constitutional and human rights dimensions of the right to disconnect, arguing that Article 21 provides a strong foundation for its recognition in India. The role of social dialogue and collective bargaining is examined, drawing lessons from European and American experience. Six hypotheses are tested and confirmed. The Right to Disconnect Bill is a positive step but requires clearer definitions and stronger enforcement. The EU experience demonstrates that statutory rights work best when combined with social dialogue. The US model shows the limits of market-based approaches. India's constitutional framework provides stronger grounds than that of the United States. Implementation challenges are common across jurisdictions. Flexibility and dialogue are essential but must be balanced with accountability. The dissertation concludes with comprehensive recommendations for legislative action in India, drawing on international best practices. It proposes clarifying definitions, strengthening enforcement, addressing the challenges of global teams, protecting workers from retaliation, extending coverage to vulnerable workers, and integrating the right with existing labour laws. It also outlines the role of employers, unions, and institutions in creating a culture where the right to disconnect is respected. The right to disconnect, it argues, is not a luxury but a necessity for human dignity in the digital age.
Keywords	Right to Disconnect, Digital Overwork, Work-Life Balance, Labour Law, Comparative Law, Article 21, Working Time, Social Dialogue, India, European Union, United States
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-04-01

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A comparative study of the right to disconnect in India, the European Union and the United States of America

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