The Right to Disconnect, the EU Strategy and Gender Equality

Abstract

Disconnection has undoubtedly taken on a central role in the debate on remote work and the need to rethink the regulations dictated for “work in the enterprise,” which are inadequate for remote work because of the absence of space-time constraints on performance. It is well known that digitization has brought economic advantages to employers and allowed workers greater autonomy and a better work-life balance. On the other hand, the widespread use of digital tools in the workplace has given rise to the culture of “working anytime, anywhere,” which has reduced the advantages related to the use of new technologies, leading people to remain constantly connected. At the same time, the constant connection coupled with the high stresses at work and the growing expectation that workers be reachable at all times can negatively affect workers’ fundamental rights, work-life balance, and physical and mental health and well-being. This phenomenon, as highlighted by the European Parliament’s Resolution of January 21, 2021, on “Recommendations to the Commission on the right to disconnect (2019/2181(INL),” has affected fundamental workers’ rights and gender equality, given the disproportionate impact of these tools on workers with care responsibilities, who are generally women. Therefore, the right to disconnect should be considered an important social policy tool at the Union level to protect workers’ rights, particularly for the most vulnerable and those with care and nursing responsibilities. This paper analyzes the European initiatives on disconnection. Mainly it focuses on the Resolution of the European Parliament of January 21, 2021, that affirms the need to consider disconnection as a fundamental right of the workers in the digital era. Thus, the Resolution calls for the adoption of the proposed directive. The paper, starting from the opportunity to introduce minimum levels of protection at the EU level, argues that, even though the Italian law appears “over-compliant” with the EU provisions in the matter, under other aspects, the proposed directive brings about applicable provisions to protect and force the right to disconnection. In particular, according to the author, disconnection should be guaranteed beyond the boundaries of remote work and represents a helpful tool for achieving gender equality. In this vein, we can formulate our research questions: