Right to disconnect gets legal backing nationwide

Social media platforms are abuzz with news of "the right to disconnect" after a national political adviser called for more sound legal protections of worker's rights to rest during nonworking periods.

Lyu Guoquan, a member of the National Committee of the Chinese People's Political Consultative Conference and director of the General Office of the All-China Federation of Trade Unions, recently submitted a proposal to the two sessions — the nation's annual political gathering — to call for improving laws and regulations to prevent people doing extra work during designated rest times — such as weekends or official holidays.

Lyu told China Central Television that the proposal was accepted after being reviewed during the two sessions.

He said that the development of the digital economy and the popularization of the internet have freed workers from fixed working times and places, while at the same time blurring the boundaries between work and life given the prevalence of remote working during the pandemic.

During this phenomenon, employees' rights to rest or their privacy could not be fully protected as they may have been required to work, or reply to employers' messages after working hours.

Qian Yue, 32, an advertising planner from a media company in Beijing, said that she is often anxious when her phone is not within easy reach and has stressful responses when receiving work-related messages at night or on weekends.

"I have to check my emails and WeChat all the time, even on my holidays. The work time of my company is from 9:30 am to 6 pm, but my boss usually begins sending me work-related emails or messages around 7 am. You can't imagine how stressful it makes me seeing these messages the moment I wake up," Qian said.

She said she feels like she's expected to be on duty 24 hours a day, seven days a week.

"A client may call you Saturday night and you can't say no to his or her opinions on advertising proposals. Then I have to report the client's ideas to my boss and finish the revision work before Monday."

Separating work from life is a global conundrum. In 2016, France approved a bill on "the right to disconnect", which stipulates that during nonworking hours, companies with over 50 employees cannot send work-related emails to their staff, and staff need not reply to said messages after hours.

This isn't the first time "the right to disconnect" debate has circulated online in China. In January, the Beijing High People's Court mentioned a case in its work report noting a court order addressing "invisible overtime work" in judicial documents meant to protect complainants' "right to disconnect".

In this case, a plaintiff surnamed Li claimed that she did extra online work for about 596 hours during nonworking times and she was seeking overtime compensatory pay of 200,000 yuan ($27,780).

The Beijing 3rd Intermediate People's Court ruled that Li had indeed conducted regular work during her nonworking times — such as off-duty times and weekends — rather than temporary or occasional work, and awarded her overtime pay of 30,000 yuan.

Yao Junchang, co-founder of the Beijing Weiheng Law Office, said the nation so far has no clear law-based definition of "the right to disconnect", while employees may encounter difficulties arguing their cases due to the difficulty of distinguishing between work and leisure in some situations.

"Most employees can get themselves away from work at nonworking times, while others with special job requirements may have to deal with work-related messages during off-duty periods, such as client contract negotiations for example. It's therefore sometimes not possible for us to completely 'disconnect' in the internet era," Yao said.

"I suggest employees remain aware work/leisure boundaries and refuse improper task requests during nonworking times, as such demands may become routine and influence their right to rest. It's also important to keep evidence including emails, call records and WeChat histories," he added.

Lyu, the national political adviser, told CCTV that protecting people's "right to disconnect" is a necessary move to secure people's sustainable development and promote their livelihoods, while also bettering labor relations.

He suggested including "the right to disconnect" in the legal system and making clear definitions of online overtime and associated financial compensation.

Lyu suggested improving basic labor standards including payments, working hours, right to rest and authorized leave based on digital economy development, and clearly stipulating institutional regulations concerning working hours for platform-based jobs characterized by flexible working schedules and higher work intensity.

He said in the proposal that it is also necessary to strengthen supervision over employers and make complaint channels more accessible to workers facing improper overtime working requirements without financial recompense.