The right to disconnect

The right to disconnect was introduced into the Labor Code by the Labor Law of August 8, 2016. Indeed, Article L2242-8 of the Labor Code requires employers to negotiate annually on the quality of work life, specifically addressing the topic of the right to disconnect. In the absence of a concluded agreement, the employer must establish a charter outlining how the use of digital tools will be regulated, and how the company will raise awareness and provide training for their reasonable use.

Companies must therefore implement measures to regulate the use of digital tools, which can include email-free days or requiring employees to return IT equipment at the end of the day or before going on leave.

In case of non-compliance with this obligation, there is no direct financial penalty, but the employer may be held liable if the employee’s health is affected or in case of abuse.

In Germany, labor law guarantees workers maximum working hours (“Arbeitszeitgesetz”) and rest periods (“Ruhezeiten”), but there is currently no legislation explicitly concerning the right to disconnect.

However, some groups, such as Volkswagen, BMW, and Daimler, have taken the initiative to implement measures protecting employees from “constant connectivity.” For now, the implementation of concrete measures ensuring employees’ disconnection relies on the willingness of companies to enter into voluntary company agreements or to contractually establish such a right.

Under Luxembourg labor law, the right to disconnect was established by a law of June 28, 2023, amending the Labor Code by adding the section “Respect for the right to disconnect” within the chapter “Employer obligations.”

This new law requires employers to define, at the company or sector level, through a convention or agreement, a system ensuring employees’ right to disconnect outside working hours. This system must include concrete measures and practical implementation methods. In the absence of an agreement, the system must be defined directly at the company level.

Specifically, it may include measures for disconnecting IT devices, awareness-raising and training, and possible compensation in case of exceptional deviation from the system.

In case of non-compliance, the employer may be subject to an administrative fine ranging from €251 to €25,000 by the Labor and Mines Inspection (ITM).

The right to disconnect in Belgium stems directly from the law of March 16, 1971, which enforces compliance with working hours and working time limits.

The “Deal for Employment” law of November 10, 2022, introduced an obligation for companies with 20 or more employees to define measures for non-availability outside working hours, either through a collective labor agreement or via the company’s work regulations. These measures must implement the application of this right within the company and may include guidelines for the use of digital tools, as well as training and awareness-raising activities regarding the risks of excessive connectivity.

Thus, Belgium does recognize a right to disconnect, but its effectiveness depends largely on the ability to reach an agreement on the topic or the actual implementation of the provisions in the company’s work regulations.

In case of non-compliance, the employer is not subject to a direct financial penalty, but may still be held liable. The employer may also face a fine for failing to comply with prevention and workplace well-being obligations if such a violation is detected by the Social Laws Control or the Labor Inspectorate.