The right to disconnect as an employees’ fundamental right
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RIS BIB ENDNOTEPrawo do bycia offline jako podstawowe prawo pracownika
Publication date: 19.11.2021
Studies on Labour Law and Social Policy, Volume 28 (2021), Volume 28 Issue 4, pp. 305 - 323
https://doi.org/10.4467/25444654SPP.21.024.14266Authors
Prawo do bycia offline jako podstawowe prawo pracownika
The right to disconnect as an employees’ fundamental right
The ongoing COVID-19 pandemic and the associated possibilities for the employers to order employees to perform their work remotely has caused the widespread perception of the employee’s right to be offline outside its working hours (also referred to as a “right to disconnect”) as a fundamental right. This article contains a synthetic analysis of the institution of remote working as the main source of threat to employees’ rights as well as considerations with regard to proposed solutions aimed at protecting the employee against such threat. On the one hand, remote work has a protective function being instrumental in safeguarding the continuity of businesses and the employee’s workplace despite the pandemic, but on the other hand, it significantly interferes with the private sphere and may lead to violations of the regulations on working time. The European Parliament’s proposals on the right to be offline should be assessed positively, although they undoubtedly only guarantee an absolute minimum level of protection. The analysis was carried out following the formal dogmatic method also taking into account comparative tools.
ASJC: 3308, JEL: K31
Information: Studies on Labour Law and Social Policy, Volume 28 (2021), Volume 28 Issue 4, pp. 305 - 323
Article type: Original article
Titles:
Prawo do bycia offline jako podstawowe prawo pracownika
The right to disconnect as an employees’ fundamental right
Jagiellonian University in Kraków, Gołębia 24, 31-007 Kraków, Poland
Published at: 19.11.2021
Article status: Open
Licence: CC BY-NC-ND
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PolishView count: 1237
Number of downloads: 1238