Labor Law and the Right to Disconnect

In the Italian legal system, the concept of the right to disconnect is specifically addressed within the framework of agile working, beginning with Article 19, Law No. 81/2017, which requires that agile work agreements include technical and organizational measures to ensure the worker can disconnect from technological tools outside working hours. Although Article 19 does not explicitly define disconnection, it implies its relevance to non-working time. Indeed, the term disconnection, from the Latin connexio, suggests a temporary separation from the bonds of employment, reinforcing the need for clear measures in agile work agreements to protect workers’ private time from work-related interruptions. To sum up, the right to disconnect is intended to safeguard the worker’ balance between professional and private life, as well as to protect his/her health, by ensuring that he/she is subjected to work-related intrusions during non-working hours. It should be noted that, in Italy, the concept of disconnection has also been referred to in another provision in relation to an event that profoundly affected the entire global community. As a matter of fact, the urgency of addressing work-life balance became more apparent during the COVID-19 pandemic, leading to further legislation. Decree Law No. 30 of 2021, converted into Law No. 61, mentions the right to disconnect, emphasizing it as a distinct right. More precisely, Article 2, paragraph 1-ter, of this law explicitly acknowledges the worker’s right to disconnect from IT tools and platforms, provided they are working in an agile mode and in compliance with any agreed periods of availability. Undoubtedly, this law underlines that disconnection is crucial to preventing employer intrusions and ensuring that workers can fully enjoy their rest periods. At this point, it remains to be ascertained how the right to disconnect can be practically guaranteed. Basically, it may be implemented by allowing workers to turn off work-related devices or to set them to offline modes during non-working periods. This ensures that work communications are not received until the worker reactivates these devices. Last, the Italian National Protocol on Agile Work, adopted on 7 December 2021, supports this framework by requiring the identification of disconnection slots in agile work agreements. This ensures that workers have clearly defined periods during which they are not expected to engage in work or be available to their employer. The protocol aims to provide a structured approach to disconnection, promoting a better work-life balance and protecting workers from excessive work demands. Finally, the above-mentioned framework is concluded with the provision of administrative sanctions for employers in the absence of specified technical and organizational measures for disconnection in agile work agreements. However, some scholars argue that these measures should serve an informational purpose, helping workers understand how to exercise their right to disconnect effectively. In other words, more specific measures are necessary to ensure that workers are aware of and can utilize their disconnection rights, protecting them from workrelated intrusions during non-working hours. Nevertheless, this is not the only issue addressed by scholars. There are ongoing debates about the scope and implementation of the right to disconnect. Some argue that disconnection should automatically coincide with rest periods, while others believe it should be separately and explicitly defined in work agreements. It is clear that the potential overlap between disconnection and rest periods raises questions about how best to protect workers’ personal time and to ensure compliance with legal standards.