“The era of incessant technology
Putting challenges to psychology
The constant urge to gain more and more wealth
It is taking a toll on our health
The pandemic has left irreparable harm
With the burgeoning of digital reform
In between the trend of Connecting and re-connecting
The pressing priority is that of disconnecting
Need to stop being a clown
Need to enforce the right to shut down”
INTRODUCTION
Keeping up with the typical 9:00 – 5:00 job schedule becomes a reason for dispiritedness and resentment. In this era where our biggest motive is to seek stability while enjoying all worldly pleasures, it becomes a grilling task to balance our personal and professional lives. The constant work calls and unending office work take a toll on our mental health. Work-life balance theory tries to bring a consensus between the working hours and the personal hours of an employee. To achieve the best outcomes, the task needs to be performed in the best productive state of the performer. The unsung “Right to Disconnect Bill”[1] is a way to highlight the much-needed issue of the workforce of the nation i.e., the basic right of every working individual to not be forced explicitly or implicitly to devote his personal time towards his job. The following blog will throughs light upon the material nuances of the bill including its relevance in present times and the probable future implications, particularly on the mental health of the employees.
WORK-LIFE BALANCE
Work-life balance majorly means, “attempting to strike an equilibrium in the professional working hours and the personal family time”.[2] In the current times, this demarcation is long forgotten as now the terminology of “personal time” is merely an abstract expression. After a long demanding day of constant hustle, the much-needed personal time is the basic requirement of any individual. However, the constant after-hour calls, emails, text messages, and meetings intrude at this time also, while infringing the basic moral and human rights of any individual.
One of the major reasons behind this disbalance is the flooding technological development and the trend of remote working a major resultant of the pandemic. Due to the 24/7 availability options of the employees and employers via telework, the line between working hours and personal hours is getting blurred and is often compromised. Moreover, this thinning line put a question mark on the right provided under the Constitution of India ‘to live a healthy and dignified life’[3].
A balanced approach towards both lives paves the way to the best results for employers as well as employees and ultimately the whole organization. Reports show that poor work-life balance forces employees to quit their jobs.[4] According to a survey published in ‘Financial Express’, “33% said long work hours were the reasons for stress, 30% attributed it to demanding jobs, while 29% put pressure on themselves to work hard, and 27% opined that their workload was unreasonable”[5]
MASLOW’S NEEDS HIERARCHY
“Need” is the best motivator of all other motivators proven to date. A common layman’s understanding of human psychology provides that all human problems start with a ‘need’ for something and end with the satisfaction of that need. The need hierarchy pyramid according to Maslow depicts the clear visualization of a systematic foundation of how human needs range from the very basis of “psychological needs, safety needs, Love and affection needs, esteem needs and lastly, self-actualization needs”[6]. When it comes to working hours, it is the time when an individual strives to satisfy his major need for food and shelter via earning remuneration to further satisfy his need for love and affection with his loved ones. If this flow gets interrupted, then it obstructs the accomplishment of further needs of self-esteem and the ultimate need for self-actualization. As a result of this disbalance, the dissatisfied individual faces hindrances in his professional and personal life.
THE “SPCG” RECIPE
‘SPCG’ i.e., ‘Stress management, Productivity, Creativity, Growth’ provides a flow of how a balanced approach towards work life and home life can shake things up. If a well-organized demarcation of the working hours is done then there is a high possibility of managing the unnecessary and incessant stress in the employees. Excessive stress also opens the doorway for anxiety issues which ruins the mental health of an employee over time. A less stressed employee will subsequently yield more productivity in their task and while exploring the task with a free mind, he will thus find a more creative and feasible way to complete the task via the best available alternative. All this will subsequently help in achieving one of the most crucial elements i.e., ‘growth’, both for the individual and the organization.
To manage stress and mental well-being during work hours some key changes as published in Harvard Business Review[7] can be adopted and practised –
- Take a moment’s pause and ask some questions addressing the significance of the allotted work and the cost of doing it
- Feeling and accepting every emotion rather than ignoring them
- Analyzing the available alternatives and reprioritising stuff
THE RIGHT TO DISCONNECT: WHY NOT INDIA?
Despite being at a rank of “132 out of 191 countries in the Human Development Index (HDI), 2021-22”[8] as conducted by the United Nations Development Program (UNDP), India still needs to improve certain areas concerning human development. The year saw a global dropdown in the ratio of HDI due to the major fall in the “life-expectancy ratio” of the population.[9] A healthy work environment forms a major part of a healthy life. A highly overworked work ambience causes mental ordeal which subsequently leads to severe diseases. This data is just a sample showing the urgent need for a Bill to regulate the mental health of the employees at the workplace.
According to the International Labour Organisation [ILO], the ‘Right to Disconnect’ can be regulated based on three pillars namely, ‘Working Hour Limits’, ‘Right to Rest periods’, and ‘Right to Privacy’.[10]
In the year 2018, the member of Lok Sabha of the NCP Smt. Supriya Sule came forward to voice the momentous tussle over the highly unorganized working hours of the employees via presenting the “Right to Disconnect Bill 2018”[11]. The bill focusses on:
- No obligation to attend any calls/emails after working hours
- Formation of ‘Employee Welfare Committee’
- Constitution of a governing authority to regulate the overall implementation and
- Imposition of sanctions in case of non-compliance
This tussle started back in 2001 when France became the first nation to formulate dedicated legislation for governing the ‘Right to Disconnect’ in this fast-paced technological era.[12] To date, several nations recognize the ‘Right to Disconnect’ as a crucial part of their legal dominion including the European nations like Portugal and Belgium.[13]
Therefore, to make India a more prosperous and flourishing nation, legislation like the ‘Right to Disconnect Bill’ is very crucial. Unfortunately, this Bill hasn’t received the required heat from the people and has been buried deep by a lot of other daily heat-up topics.
CONCLUSION
Mental health is one of the most valuable assets of any individual. It is mental health which acts as a fuel and support system for all other tasks of any person. A thorough reading of the blog gives some food for thought as to the significance of finding a balance and consensus between professional and personal life.
At present, a lot of nations have recognized the importance of the “Right to Disconnect” and have imbibed regulatory provisions having stringent repercussions in case of breach. The statistical data cited, clearly points out how mental health is getting deteriorating and becoming a reason for joblessness.
The writer feels and suggests that there is an urgent need for recognizing and enforcing the “Right to Disconnect” and similar proposals for yielding the best outcomes. In an attempt to do so, the representatives of the people i.e., the members of the houses shall endeavour to discuss upon these issues. One of the most valuable assets of any individual and one of the biggest factors behind the accomplishment of any task is the mental health of an individual and this should no longer be taken on a lighter note.
Author(s) Name: Ankita Bhardwaj (ICFAI Law School, The ICFAI University, Jaipur)
References:
[1] ‘Right to Disconnect Bill, 2018’ (latestlaws.com) <www.latestlaws.com/bare-acts/central-acts-rules/human-rights-laws/right-to-disconnect-bill-2018> accessed 5 November 2023
[2] ‘Work-Life Balance: What It Is and 5 Ways to Improve Yours’ (Coursera) <www.coursera.org/articles/work-life-balance> accessed 6 November 2023
[3] Constitution of India 1950, art. 21
[4] ‘Nearly one-third of employees left organisations in 2022 due to lack of work-life balance, and flexibility: Report’ (The Economic Times) <https://economictimes.indiatimes.com/news/company/corporate-trends/nearly-one-third-of-employees-left-organisations-in-2022-due-to-lack-of-work-life-balance-and-flexibility-report/articleshow/97116645.cms?from=mdr> accessed 11 October 2023
[5] ‘Survey: 88% Indians ready to exchange their high-paying jobs for mental well-being’ (Financial Express) <https://www.financialexpress.com/business/industry-survey-88-indians-ready-to-exchange-their-high-paying-jobs-for-mental-well-being-3001443/> accessed 12 October 2023
[6] ‘Renovating the Pyramid of Needs: Contemporary Extensions Built Upon Ancient Foundations’ (PubMed Central (PMC)) <www.ncbi.nlm.nih.gov/pmc/articles/PMC3161123/figure/F1/> accessed 11 October 2023
[7] ‘Work-Life Balance Is a Cycle, Not an Achievement’ (Harvard Business Review) <https://hbr.org/2021/01/work-life-balance-is-a-cycle-not-an-achievement> accessed 11 October 2023
[8] ‘Specific country data | Human Development Reports’ (Home | Human Development Reports) <https://hdr.undp.org/data-center/specific-country-data#/countries/IND> accessed 11 October 2023
[9] ‘Specific country data | Human Development Reports’ (Home | Human Development Reports) <https://hdr.undp.org/data-center/specific-country-data#/countries/USA> accessed 6 November 2023
[10] (International Labour Organization) <www.ilo.org/wcmsp5/groups/public/—europe/—ro-geneva/—ilo-lisbon/documents/genericdocument/wcms_836190.pdf> accessed 13 October 2023
[11] (Supreme Court News, Latest India Legal News, Supreme Court Updates, High Courts Updates, Judgments, Law Firms News, Law School News, Latest Legal News) <www.livelaw.in/pdf_upload/pdf_upload-357204.pdf> accessed 13 October 2023 OR The Right to Disconnect Bill 2018
[12] Borkar S, ‘Everything You Want To Know About Right To Disconnect – Employee Rights/ Labour Relations – India’ (Welcome to Mondaq, 29 January 2019) <www.mondaq.com/india/employee-rights-labour-relations/775698/everything-you-want-to-know-about-right-to-disconnect> accessed 13 October 2023
[13] ‘Right to disconnect: The countries passing laws to stop employees working out of hours’ (World Economic Forum) <www.weforum.org/agenda/2023/02/belgium-right-to-disconnect-from-work/> accessed 6 November 2023
