You return to your home exhausted from work. You think of spending some quality time with your family and getting a sound sleep… and suddenly your phone beeps with a mail flashing on your mobile screen regarding the official daily target, which your boss has sent to you. How do you feel?
Exhausted, irritated and frustrated?
Congress Party MP Supriya Sule introduced a private member bill in the Lok Sabha earlier this year to advocate the right of employees to ignore texts, emails and calls from their employers after working hours. This bill, also called as the “Right to Disconnect Bill 2018” has led to many debates and discussions in the general arena.
It’s definitely after a long time, that a Private Member Bill has led to such debate and discussion in the public. So first of all, let us know what a Private Member Bill is.
Our parliamentary model is based upon the British Bicameral Parliamentary Model of governance. This system is also known as the Westminster system as this term gets its origin from the Palace of Westminster, the seat of British Parliament. Under the Westminster model of Parliament, the council of ministers enjoys the privilege of introducing a bill through the concerned ministry, while the rest of the members of Parliament do not enjoy such a privilege.
In order to ensure fair participation of the Opposition in the democratic system of governance, the Westminster model adopted a policy of giving privilege to the members of the Opposition and the members other than the council of ministers to introduce any bill for discussion in the Parliament. That bill is known as a Private Member Bill.
Right To Disconnect Bill 2018:
The Right to Disconnect bill aims at giving the employees a relaxed working lifestyle and a work-life balance. This bill shall be applicable to any company or business establishment with more than 10 employees. This bill also provides for setting up an Employee Welfare Committee to ensure compliance of this right.
Section 7 of the proposed bill states that:
“Every employee shall have the right to disconnect out of work hours.
Explanation-for the purpose of this section:-
a. Every employer may contact the worker even after the working hours but the employee shall have the liberty to refuse or ignore the call; and,
b. Such employee shall not be subjected to any kind of disciplinary action by the employer.”
The Low Bargaining Capacity Of Indian Employees:
India is a growing economy with limited job opportunities even in the private sector and MNCs, which are primarily located in metro cities. This is why it is easier for companies to negotiate with Indian job seekers. Indian government’s agenda of ‘Make in India’ has failed miserably. If our job seekers are losing their bargaining capacity, it shall be seen as a sheer violation of all the labour laws and enactments that our Parliament has passed over the years.
India is still being considered as a labour supplier to the world. The lack of employment opportunities in India is letting our youth be exploited by MNCs. There is no difference between the professional and personal life of the employees. Undoubtedly, we need a strong piece of legislation in this regard. In the coming decades, if we do not create employment and job opportunities then sadly, we will move on the path of becoming a labour-capital for the rest of the world.
The long working hours of offices, particularly in the private sector have ruined the social and public lives of their employees. The work culture and environment in India has deprived its employees’ enjoyment space.
Right To Disconnect In Foreign Countries:
In 2017, France enacted the Right to Disconnect policy in its companies with more than 50 employees. In Spain as well, there is a Right to Disconnect, regardless of the number of employees. Japan is one step ahead in this case. It covers not only workdays but also the holidays. Japan developed a software back in the year 2014, which auto-deletes emails from your professional mail id if they are sent during vacations.
No Private Member Bill Passed Since 1970:
This bill is, however, a weak ray of hope for Indian employees as it is a private member bill and no such bill has been passed by the Indian Parliament since 1970. But, here it is worth mentioning that this bill is an appreciable step by Ms. Sule as an MP.
Article 21 of the Indian Constitution provides for “Right to Life and Personal Liberty”. This right in the present context shall not only be seen as a right to lead a dignified life but also a relaxed and stress-free life.
Need For Judicial Intervention:
As a law student, I have gone through the cases of Labour Law but till now no such modern pro-labour judgment has been passed by the Indian Parliament. In my opinion, Indian courts should take suo-moto steps in this regard by issuing certain guidelines to the employers because we have witnessed in past that whenever the Parliament has failed to protect the people of India, it’s the judiciary which has acted as a guardian of citizen’s rights.
As the bells of general elections 2019 have already been rung, I strongly feel that this bill can be a prominent issue for the consideration for inclusion in the election manifesto of political parties. What is your opinion?
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