Exploring the Right to Disconnect in European Labour Law and in the Legislation of the Member States - Just a Matter of Working Time of Employees?

In the last few decades, advanced information and communication technologies supported by different mobile work patterns have made it possible to work anytime and anywhere. The COVID-19 pandemic has drastically prompted working-from-home patterns. Remote work has a lot of advantages for employees. Continuous availability has resulted in extended working hours, unpaid work beyond regular working time, blurred boundaries between working and rest time and had a detrimental effect on the physical and mental health of workers. The effectiveness of the right to disconnect depends on many factors. It would increase if it was formulated not only as a right of an employee but also as the positive obligation of the employer accompanied with sanctions for the violation of such obligation. Remote/mobile work patterns supported by modern communication devices made it possible to work anytime and anywhere. The right to disconnect has to be differentiated from the regulation of working time and the work duty of the employee.