The technology revolution of the last three decades has blurred the line between work and home life for most employees. With email and text alerts pinging on smart phones, many are finding it difficult to avoid responding to messages at all hours.

Some changes in work practices, such as teleworking and flexible hours, have helped narrow the widening gap in work-life balance. But some argue that more needs to be done to prevent workers from being treated like robots.

France, which has always been at the forefront of introducing legislation to promote more favourable working conditions, introduced the right to disconnect in 2017.

The European Parliament has recently voted to adopt a report recommending legislative action on the right to disconnect, an effort spearheaded by Maltese MEP Alex Agius Saliba.

While trade unions have welcomed the European Parliament’s resolution, business organisations argue that rather than legislate, the government should encourage employers’ bodies and trade unions to engage in a dialogue to establish minimum standards: employers and employees should agree on the extent of the right to disconnect.

If agreement is not reached, then the employer would need to establish a policy governing the area.

The Malta Employers Association, the Malta Chamber and the Malta Business Bureau came out strongly against the prospect of parliamentary legislation that the government is apparently contemplating.

This stance is similar to that taken by business organisations in other member states like Ireland, one of Malta’s financial services competitors.

Employers understandably argue that what is needed is a cultural shift and useful guidance from employers about how people should interact during the working day or working week. Legislation, on the other hand, can be very defined and rigid, and this can undermine the concept of flexibility.

With the big change in lifestyles that have evolved in the last few decades, flexibility is as valuable for employees as it is for employers. It allows workers to combine their family commitments with their work obligations. Flexibility in work conditions is particularly relevant for working mothers who typically carry the burden of juggling family and career duties. 

Rather than rush into legislating, the government should consult with business organisations and trade unions to identify the best practices that are giving good results in other countries.

An Irish bank, for instance, has defined a set of guiding principles to help employees with their work-life balance.

It advises people to schedule meetings during normal working hours and to avoid organising meetings during lunchtime. They also advise managers to only invite to meetings only those people who really need to be there.

The right-to-disconnect drive has also exposed how leaders, managers and salaried employees are held to a different standard from hourly employees. These latter workers often work long hours with little statutory protection because that is what those who provide them with work expect.

Another sobering reality that is endemic in most societies is that certain low paid workers have to resort to moonlighting to make ends meet.

The divide between the relatively well off and the working poor keeps widening with adverse effects on our society’s cohesion.

Before rushing to enact legislation on the right to disconnect, Malta should see whether laws in other countries have actually made a difference because there is little point in passing a law that would have little effect on employees’ well-being.

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