On 5th December 2025, a Member of the Indian Parliament (Lower House) introduced the Right to Disconnect Bill, 2025 (‘the Bill’). The Bill aims to introduce pivotal changes in the working relationship between private sector employers and employees, primarily regulating work during out-of-work hours. If passed, the Bill would provide every employee the right to disconnect, i.e. not be available for work-related communications beyond working hours or on holidays, without fear of disciplinary action. I argue that this Bill aligns with fundamental principles underlying international human rights law.

The Bill envisions several provisions to regulate work-life balance for private sector employees in India, reducing stress, burnout, and improving physical, mental, and emotional well-being. Some significant measures proposed include the Constitution of an Employees’ Welfare Authority (Section 3), the right to disconnect (Section 7), wages for working beyond ordinary work hours (Section 11), a remote work policy (Section 15), and the establishment of Digital Detox Centres (Section 18).

The Bill does not prohibit an employer from contacting employees outside work hours. Instead, it empowers employees to refuse answering such calls and not reply without fear of disciplinary action. If the employee works during out-of-work hours, they shall be entitled to overtime pay at the normal wage rate. The Bill obliges the government to provide digital counselling services for reasonable personal use of digital communication tools and counselling to employees for maintaining a healthy work-life balance (Section 17).

The Statement of Objects and Reasons correctly explains the necessity of the Bill, considering the increasing number of jobs that can be performed remotely, and the growing instances of burnout, stress, sleep deprivation of employees, the constant monitoring of work-related emails and messages on their devices, leading to imbalanced work-life distribution.

The Bill comes with challenges. There is no standard for permissible work hours across sectors. Some professions require round-the-clock availability or operate across different time zones. Opponents assert that this right dilutes the freedom of trade and contractual autonomy. Tracking enforcement is difficult. Nevertheless, this right is supported by constitutional principles and human rights frameworks.

The right to disconnect emanates from the principles of the Indian Constitution, especially Article 21 (The Right to Life), which the Judiciary has zealously enlarged to protect socio-economic rights, and Directive Principles of State Policy, like Article 39(e) (protecting the health of workers), Article 41 (Right to Work), and Article 42 (Provision of just and humane conditions of work).

This right is embodied in principles enshrined across various international human rights frameworks. Firstly, The Universal Declaration of Human Rights, 1948, provides the right to work, just conditions of work, just and favourable remuneration (Article 23), the right to rest and leisure, and reasonable working hours (Article 24). These provisions strengthen the right to disconnect and ensure overtime wages for working during out-of-work hours. Secondly, consistent allocation of work to employees during out-of-work hours may violate several provisions of the International Covenant on Civil and Political Rights, 1966, including the right to life (Article 6), especially considering its expansive interpretation by the General Comment 36 of 2018, and Article 17, which protects individuals from unlawful interferences with their private lives. Consistently subjecting employees to work beyond ordinary hours may also be construed as forced labour (Article 8). Thirdly, the right to disconnect also finds support from the International Covenant on Economic, Social, and Cultural Rights, 1966, particularly its provisions that include the right to choose work freely (Article 6), fair wages, healthy working conditions, and rest, leisure, and reasonable limitation of working hours (Article 7 (a), (b), and (d)). The right to disconnect is a stepping stone to attaining the highest possible standard of physical and mental health for employees (Article 12). Similar provisions are also enshrined in the Banjul Charter (Article 15). Justifications for this right also arise from various International Labour Organisation texts, such as the 1998 Declaration on Fundamental Principles and Rights at Work, Hours of Work (Commerce and Offices) Convention, 1930, Night Work Convention, 1990, etc.

Hence, the right to disconnect enjoys support from numerous international human rights conventions, and the Bill, if passed, will fortify India’s commitment to protecting human rights. A similar Bill was introduced in 2019, but did not proceed towards enactment. Only time will tell whether this Bill sees the light at the end of the legislative tunnel or collapses midway.