Right to Disconnect

The legal or policy right of employees to ignore work communications outside of working hours without penalty.

The right to disconnect is the concept — codified into law in some countries — that employees have a legitimate right to not respond to work emails, calls, or messages outside of their scheduled working hours, without facing negative consequences. France was the first country to mandate this right into law (2017), followed by Italy, Spain, Belgium, Ireland, Portugal, and several others. In 2024, Australia passed legislation giving employees the right to refuse unreasonable contact outside of work hours. The US has no federal right-to-disconnect law, though some municipalities have explored it.

In practice, right-to-disconnect laws require employers to negotiate and publish policies establishing norms around after-hours communication. They don't mean employees can never be contacted — emergencies and genuinely urgent situations are typically exempt — but they shift the default from 'always available' to 'available when scheduled.' Employers who penalize employees for not responding after hours in jurisdictions with these laws face fines and legal liability.

Even without legal mandates, the 'right to disconnect' has become a cultural flashpoint in the post-pandemic workplace. The blurring of work and personal time during remote work, constant Slack notifications, and the expectation of email responsiveness in the evenings have driven employee burnout at measurable rates. Companies that proactively establish off-hours norms — through explicit policies, calendar blocking culture, or leadership modeling — report better retention and wellbeing outcomes.

Countries With Right-to-Disconnect Laws

  • France (2017): companies with 50+ employees must negotiate right-to-disconnect policies.
  • Italy (2017): smart-working employees have a guaranteed right to disconnect outside agreed hours.
  • Spain (2018): employers must have internal disconnection policies; applies to remote workers.
  • Belgium (2022): public sector employees guaranteed the right; private sector rules followed.
  • Portugal (2021): employers prohibited from contacting remote workers after hours.
  • Australia (2024): employees can refuse unreasonable contact outside work hours; employers cannot penalize them.
  • United States: no federal law as of 2024; a few municipalities (New York City) have explored but not passed legislation.

How to Protect Your Off-Hours Time Without a Law

  • Set explicit expectations with your manager about your availability outside core hours.
  • Use scheduled send on emails and Slacks to avoid creating implicit pressure for off-hours replies.
  • Turn off notification badges for work apps on your phone after hours.
  • Don't reply to off-hours messages quickly and consistently — you train your colleagues' expectations.
  • Raise norms proactively in team settings: 'I try not to monitor Slack after 6pm — let's discuss anything urgent synchronously tomorrow morning.'