‘Right to Disconnect’ Law – Asrar Qureshi’s Blog Post #956

‘Right to Disconnect’ Law – Asrar Qureshi’s Blog Post #956

Dear Colleagues! This is Asrar Qureshi’s Blog Post #956 for Pharma Veterans. Pharma Veterans Blogs are published by Asrar Qureshi on its dedicated site https://pharmaveterans.com. Please email to aq.pharmaveterans@gmail.com for publishing your contributions here.

Credit: Antoni Shkraba

Credit: cottonbro studio

Credit: Mizuno K

On Saturday evening, I forwarded couple of messages to a colleague and added a voice note requesting him to have a bit of research done on the links in the messages. He replied instantly that he would. This Saturday was an off day. 

Did I do the right thing by asking to do something outside the office hours? Knowing that the world is considering that after-hours messages, emails, assignments must be discouraged or even forcefully prevented. No, I did not.

This movement has been going on for a few years since we started boasting about ‘being connected 24/7’. I remember, Blackberry in its prime, had this claim to fame that you are never away from your office; wherever you are you could stay connected seamlessly. People felt proud carrying a Blackberry and it became a status symbol. Its fall is another story, and it was not related to staying connected at all times.

Remote work during COVID-19 further blurred the boundaries of working hours, besides causing a host of other issues. Across countries remote work led to inhuman work hours in countries like India, Pakistan, Philippines, Sri Lanka, Bangladesh etc. where local people work at call centers mostly at night due to time difference with the US companies. The work life balance, the division of hours in a day, and the number of hours worked are all shattered. There is a price for staying connected.

Let me bring you up to date on what the world is considering about this issue. I am quoting from a CNBC report of April 11, 2024. The report is written by Morgan Smith and has this lead – Your boss could be fined $100 for bothering you after work under a newly proposed California law – link at the end.

[Quote] A proposed bill from San Francisco Assemblyman Matt Haney would make his state the first in the country to give employees the legal right to ignore non-emergency calls and emails once the workday ends. If the bill becomes law, any employer that violates it could face a fine of at least $100.

Haney, a Democrat, tells CNBC Make It that he was inspired by Australia’s new “right to disconnect” law, which is set to be implemented later this year. The bill allows employees to refuse to respond to calls or messages from their bosses during their personal time, with potential fines for employers that breach the rule.

At least 10 other countries including France, Canada and Portugal have laws supporting workers’ “right to disconnect.” New York City considered a similar proposal in 2018 but didn’t adopt it. Haney’s bill would require employers to have a clear agreement with their employees establishing what their working hours are and granting them the right to ignore off-hours communication, including on weekends, except in the case of an emergency or for scheduling changes affecting the next 24 hours. 

The bill language defines an emergency as an unforeseen situation that threatens an employee, customer, or the public, disrupts or shuts down operations, or causes “physical or environmental damage.” If the boss breaks this agreement three times, employees could report them to California’s labor commissioner, and they would be subject to fines starting at $100. [Unquote]

Of course, the employers are crying foul over the proposed bill. Their major argument is that their workforce is spread across various countries and time zones, so how can they define legal work hours. It is a genuine concern, but it can be handled by defining working hours according to time zones.

Four members from the faculty of Organizational Behavior at INSEAD have also commented on this subject in a blogpost. I am sharing some of their thoughts here to make the point – link to blogpost at the end.

After-hours communication, in the form of work emails, text messages, or phone calls makes it hard for employees to detach from their work and can exacerbate work-family conflicts and emotional exhaustion. Dedicated employees find it hard to psychologically detach from work when they need to rest, replenish, and recharge. Such employees already perceive work as the most important of their identity, and an essential source of self-worth. In fact, most people feel so and that’s why they consider themselves worthless when they retire even at the normal age of retirement. Winnie Jiang says that companies should invest in changing ‘ideal worker culture’ into the ‘ideal workplace culture’.

Mark Mortensen observes that organizations have a duty to reduce the constant pressure to be connected. If they are unable to do so, the employees may have to take matters in their own hands to achieve a healthier work-life balance. He asks the workers to do their own ‘tech audit’ by asking questions like: How frequently do you receive and answer requests after hours? Do you sleep with your phone next to you? Is it on silent or airplane mode? And no, you don’t need your phone for its alarm clock – you can buy an alarm clock cheaply. Or if you still wish to use your phone alarm, put it several meters away from you. He also recommends setting clear boundaries for reasonable levels of after-work connectivity.

Andy Yap says that people tend to work long hours in most industrialized societies. This ‘always on’ culture is often heavily enforced on junior employees by the old guard who also had to uphold these ‘high standards’ in their early career. Dismantling an ‘always on’ culture needs to be enforced and encouraged from those in leadership positions, as these tend to have high power distance, with the strongest power at the top. It is also important to implement a new culture and specify what it entails, why it is better and how it’s going to impact employees’ day-to-day lives. In essence, you can’t just eradicate an old culture without replacing it with a new one. Leaders need to clearly explain the purpose of the new culture, and lead by example.

Professor Spencer Harrison makes the interesting observation that often there is a key disconnect between a company’s stated values (big-C culture) and the everyday interactions employees experience (small-c culture). Middle Managers should assume a key role in both endorsing positive aspects of a company’s big-C culture while also innovating within their teams (small-c culture). Doing so will create a work environment that aligns with the company's goals. First, managers should actively celebrate and preserve aspects of the big-C culture that are relevant to their teams. This could involve finding ways to celebrate core values such as wellness or emphasizing work-life balance. Second, they should enrich the small-c culture by trialing new practices and empowering employees to contribute their ideas. This could involve experimenting with new meeting formats, communication styles and feedback mechanisms that prioritize employee well-being and discourage constant work availability.

Sum Up

In Pakistan, employees are particularly under extreme pressure due to scarce opportunities, low wages, overwork, and bad behavior of bosses. For us here, legally protecting employees from unnecessary after-hours working is well-nigh impossible. However, whatever measures can be taken by the middle managers and employees within the available timeframe, must be taken.

Concluded.

Disclaimers: Pictures in these blogs are taken from free resources at Pexels, Pixabay, Unsplash, and Google. Credit is given where available. If a copyright claim is lodged, we shall remove the picture with appropriate regrets.

For most blogs, I research from several sources which are open to public. Their links are mentioned under references. There is no intention to infringe upon anyone’s copyrights. If, however, it happens unintentionally, I offer my sincere regrets.

References:

https://www.cnbc.com/2024/04/11/california-proposed-right-to-disconnect-law-would-fine-companies-for-after-hours-communication.html?utm_source=INSEAD+Knowledge&utm_campaign=1297b8ac8a-EMAIL_CAMPAIGN_2024_01_11_01_40&utm_medium=email 

https://knowledge.insead.edu/leadership-organisations/how-combat-always-work-culture?utm_source=INSEAD+Knowledge&utm_campaign=1297b8ac8a-EMAIL_CAMPAIGN_2024_01_11_01_40&utm_medium=email