The development of information and communication technology (ICT) and the increase
in telework have blurred the boundary between private and professional life. This has
led to the always on culture, work overload and an increased risk for the negative
mental health of employees. The thesis examines the right to disconnect as a legal
instrument for protecting workers from work overload and constant availability and
investigates its implementation in Slovenian and European law. The thesis is based on
an analysis of academic literature, a review of European directives and resolutions, as
well as national legislation and good practices.
It has been found that constant digital connectivity and disrespect for the right to rest
negatively affects the psychophysical health of employees. The right to disconnect has
built upon the right to rest, enabling workers to be unavailable to employers during
justified absence from work. The right to disconnect concretized the right to rest by
imposing an obligation on employers to adopt measures for its successful
implementation. Slovenia legislated the right to disconnect in November 2023, trough
the Zakon o spremembah in dopolnitvah Zakona o delovnih razmerjih (ZDR-1D, Uradni
list RS, št. 114/23).
Thesis contributes to understanding the meaning of the right to disconnect. By
promoting the separation of private and professional spheres, it directly contributes to
improving mental health of employees, reducing burnout and reducing the economic
pressure on public healthcare system, while improving the quality of life for employees
and their families. It also offers a practical contribution to employers both in the public
and private sectors in formulating guidelines and measures for implementing the right
to disconnect. Further research should evaluate the long-term effectiveness of the
adopted measures and compare the suitability of different approaches across
industries.
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