The right to disconnect: when an employee is not liable to the employer

The end of the workday should leave employees time for their personal lives. The right to disconnect allows employees to stop work-related communication during designated rest periods without violating the terms of their employment contract or work discipline.

Chairman of the UNBA Committee on labor law Viktoria Polishchuk explained to Channel 33 how this right should work and what needs to be agreed upon between the employee and the employer.

Commenting on the provisions of the draft Labor Code, she drew attention to the scope of application of this guarantee: it specifically concerns remote work. Therefore, the regulation described in the draft should not be automatically extended to all categories of employees.

According to V. Polishchuk, a clear definition of working hours is essential. If an employee has a set schedule, for example from 9:00 a.m. to 6:00 p.m., after it ends, they are not required to respond to work-related requests from their supervisor. Such a refusal to communicate should not be regarded as a violation of employment obligations.

«This is the employee’s right to their personal, private, and inviolable life outside of work», - the advocate noted.

She attributed the need for this distinction, in particular, to the experience of remote work during the COVID-19 pandemic. Employees were forced to respond to employers’ requests outside of working hours, work on weekends, or start work too early. According to the attorney, the ability to disconnect from work tasks is intended to protect employees’ mental health and is linked to ensuring safe working conditions.

Separately, V. Polishchuk drew attention to the issue of employer liability. She noted that the draft legislation she was commenting on did not provide for a specific penalty for continuing to send work-related requests to an employee after working hours had ended.

Regarding urgent tasks, the advocate explained that it is the employer’s desire to receive a response outside of working hours that is limited by the employee’s right to rest. At the same time, the conditions for requiring work outside the established schedule must be agreed upon in advance, taking into account the relevant rules for compensation.

Therefore, V. Polishchuk links the practical application of the right to disconnect to the clarity of the terms of the employment contract and prior agreement on work arrangements. «The employee must be notified when they are expected to be available and under what conditions», - she concluded.