We reported in June that this initiative was in the pipeline (see article n°12024). At the end of July, MEP Alex Saliba, from Malta’s Labour Party, put forward a draft resolution on the right to disconnect (here). If adopted with the same legal regime, the resolution will require the European Commission to present a proposal for a directive on the right to disconnect and provide justification if it does not do so. In line with the requirements for the European Parliament when exercising its right of initiative, the draft contains recommendations on what the potential text should feature and, in this case, goes as far as taking the form of a draft directive.
According to the draft resolution, the right to disconnect “refers to workers’ right not to engage in work-related activities or communications outside working time, by means of digital tools, such as phone calls, emails or other messages.”. Such a right should “entitle workers to switch off work-related tools and not to respond to employers’ requests outside working time, with no risk of adverse consequences, such as dismissal or other retaliatory measures,” the resolution continues, adding: “Conversely, employers should be prohibited from using the workers’ labour outside working time.”
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