Issue link: https://maltatoday.uberflip.com/i/1542585
LAST October, a discussion on the right to disconnect, or the right to take a break from work and spend quality time with family after working hours, was launched by the parliamentary secretariats for social dialogue and reforms. In December 2020, the Eu- ropean Parliament approved a report penned by Labour MEP Alex Agius Saliba calling for the right to digitally disconnect. Also known as the right to switch off, the concept devel- oped as a result of advance- ments in communication tech- nologies and their impact on people's daily lives. The widespread use of smart- phones and other digital de- vices means that always being 'on call' has become a reality in many workplaces, as contin- uous remote access can create pressure for employees to be constantly accessible. The expectation that work- ers are available at almost any time for online or mobile com- munication is now considered to be potentially hazardous to workers' health. Working from home makes it particularly dif- ficult to switch off. It was in January of 2021 that, in their legislative initiative that passed with 472 votes in favour, 126 against and 83 abstentions, MEPs called on the European Commission to propose a law that enables those who work digitally to disconnect outside their working hours. It should also establish minimum re- quirements for remote working and clarify working conditions, hours and rest periods. In February 2024, Agius Sali- ba appealed to the commission to implement the right-to-dis- connect law immediately. In all probability, the implemen- tation will take the form of a directive, which would require member states to implement some form of legislation setting minimum standards for the use of digital tools outside work- ing time. The legislation would likely offer the right to discon- nect for all workers, providing sufficient records of working time for workers to be able to impose their limits and ask for fair compensation and protec- tions when looking to enforce their rights, to ensure the em- ployee does not face negative repercussions as a result. However, a concerted push from business lobbies against adopting the directive is still being felt. Different jobs encompass many different realities, and it's not possible to draft one piece of legislation that accommo- dates everyone. There are min- imum requirements that can be negotiated and implement- ed across the board, particular- ly when it comes to monitoring work time and assessing the health impact of digital obe- sity on the worker. Finding a good balance between people's free time and the realistic ne- cessities of certain professions should be the way forward. Should the EU and Malta go ahead with legislating for this right to disconnect, it will not be a right foisted on employers, but one that keeps employees informed. The culture of always being connected and working until you die is not a European value, and nobody wants to end up in a system that treats work- ers like machines and robots. The legislation would surely focus on restricting abusive practices, as employees should only be considered on duty or on call when there is a valid reason, and it should avoid dis- rupting normal business oper- ations. Such a right can improve em- ployee well-being, productivity and morale, as it helps prevent burnout and sets boundaries between work and personal life. However, it may also cre- ate challenges, such as poten- tial reductions in flexibility, increased operational costs for businesses, and difficulties in providing customer service for certain sectors. Other draw- backs can include a potential reduction in employee choice or the law being seen as an in- sufficient solution without ad- dressing the underlying work- place culture. The benefits to employee well-being are obvious, but any well-intentioned law could backfire. The workplace has never been more flexible. Today's workers often work asynchronously and with workmates distributed across physical spaces, interna- tional borders and even multi- ple time zones. But with great workplace flexibility comes great employer responsibility. I envisage that by means of any eventual legislation en- acted, workers will be free to ignore messages from their bosses and colleagues during their off-hours, except in some emergencies. The law would also require employers to for- malise employees' non-work- ing hours in writing, allowing workers whose bosses routinely demand off-hours communica- tions to file a complaint with the Department for Industri- al and Employment Relations, since I also anticipate that such a situation would be rendered an offence. Amid all-time high levels of job stress and burnout across much of our workforce, the move seems like a step in the right direction. It also presents an opportunity for employers to carefully assess how their organisations' workplace com- munication protocols stack up and, if needed, give their organ- isational culture a makeover. Disconnecting to connect 10 maltatoday | WEDNESDAY • 14 JANUARY 2026 OPINION Amid all-time high levels of job stress and burnout across much of our workforce, the move seems like a step in the right direction Mark Said Mark Said is a veteran lawyer