EU: EU Parliament calls for a Directive enshrining the right to disconnect

On 21 January 2021 the European Parliament adopted an own-initiative report recognizing a right to disconnect (final text). In addition to advocating its fundamental character as a right, the text requests that the Commission submit ‘a proposal for an act on the right to disconnect’, which obliged Member States to ensure detailed arrangements are established, and also to define systems for measuring working time. To this end, and in an appendix to the report, the Parliament proposes a draft text for the Executive containing a number of recommendations for the proposal requested. With the EU Parliament having exercised its right of initiative, it is now for the Commission to either follow up on this request or to justify its refusal to do so; at a time when conditions are more than ripe at both EU and Member State level for a regulatory initiative on this topic .

In their legislative initiative that passed with 472 votes in favour, 126 against and 83 abstentions, MEPs call on the Commission to propose a law that enables those who work digitally to disconnect outside their working hours. It should also establish minimum requirements for remote working and clarify working conditions, hours and rest periods.

An obligation to define detailed arrangements for implementing the right to disconnect. For Europe’s parliamentarians the issue is clear, ‘the right to disconnect is a fundamental right which is an inseparable part of the new working patterns in the new digital era.’ Recommendations set out in the appendix as to the content for the requested directive proposal include requiring that Member States ensure that ‘employers take the necessary measures to provide workers with the means to exercise their right to disconnect’,…

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