Conservative lawmakers in Europe are being put to the test on their commitment to bolster workers’ rights in the digital age, based on whether they support a right-to-switch-off directive, MEP Alex Agius Saliba said.
He was speaking ahead of a crucial vote that will determine whether the proposal is adopted across the European Union.
The right to disconnect refers to the right of employees to refrain from carrying out work-related communications, such as answering emails, text messages or phone calls, outside working hours.
The concept comes from the increased reliance on digital technology to carry out day-to-day communication, which has led to an increased expectation on workers to remain ‘on call’, to the detriment of their rest time and personal life, proponents of the concept say.
Agius Saliba spearheaded a report demanding the right to digitally disconnect, which the European Parliament's employment committee approved in a vote last December.
The parliament on Wednesday debated whether to adopt the report recommending that the Commission propose a directive, which would require member states to implement some form of the legislation as a minimum standard, with a vote expected to be taken this evening. Results are expected around 4.30pm.
Speaking to journalists during a briefing on Wednesday, Agius Saliba said there had been a concerted push from business lobbies against adopting the directive.
“I know it’s not easy for this directive to be approved but we are working hard not to lose this golden opportunity to send a message that we care if workers are not enjoying their fundamental right to rest,” Agius Saliba said.
Outlining the goals of the directive, he said that the legislation would introduce the minimum requirement of using digital tools outside working time and offer the right to disconnect for all workers.
It would provide sufficient records of working time for workers to be able to impose their limits and ask for fair compensation and protections when looking to enforce their rights, to ensure the employee does not face negative repercussions as a result.
Acknowledging there is no “one size fits all” approach to working hours, particularly during the pandemic age where technology has facilitated remote working and worker flexibility, Agius Saliba said that, on a member state level, governments would need to work with the social partners and negotiate the right to disconnect through collective agreements that are tailor-made to suit the needs of distinct professions.
“We know different jobs encompass many different realities and it’s not possible to draft one legislation that accommodates everyone,” he said.
“However, there are minimum requirements that can be negotiated and implemented across the board, particularly when it comes to monitoring work time and assessing the health impact of digital obesity on the worker.”
“This is not a right that we want to foist 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 we don’t want to end up in a system that treats workers like machines and robots.”
‘Flexibility needed’
Speaking to Times of Malta, General Workers’ Union secretary-general Josef Bugeja said that, in view of changing working conditions that have been further accelerated due to the pandemic, the GWU believes that employees’ rights to digitally switch off should be protected.
He said employees were working longer hours and remained ‘connected’. This was having an effect on workers’ mental health and was also “a violation of workers’ fundamental rights such as fair pay and a reduction in benefits under the collective agreement”.
The CEO of the Chamber of SMEs, Abigail Mamo said the organisation is in favour of an EU-level framework agreement implemented by social partners and the government, tailor-made to the national context.
It believes in finding a good balance between people’s free time and realistic necessities of certain professions.
“We should make sure that we do not fit all jobs and individuals into a straightjacket law because every job and individual is different,” she said.
“In a time when employers are constantly being called on to practise flexibility to help employees with their work-life balance, some principles being pushed for under the right to disconnect are contradictory. Flexibility works both ways.”
Malta Employers Association director general Joseph Farrugia said the law should factor in a reasonable degree of flexibility.
“The legislation should focus on restricting abusive practices, as employees should not be considered to be on duty or on call at any time of the day without a valid reason, but it should not lead to a disruption of normal business operations.”