RIGHT TO DISCONNECT: PREVENT THE SIDE EFFECT OF REMOTE WORKING THROUGH A NEW FUNDAMENTAL RIGHT?

Abstract

Remote Working represents the answer to flexibility, autonomy and collaboration in the working environment that allows a better balance between private life and productivity. At the same time, it’s also one of the effects of digital technologies improvement. Its adoption has increased over time and reached the maximum during the Covid-19 pandemic, becoming a new normal work arrangement. As for any phenomenon, negative consequences did not take long to emerge: hyperconnection is one of these. There was therefore a need to stem this dark side also by the European legislator who has recognized the right to disconnect. Given that, the reaction of EU Member States is examined. Special attention is paid to Italy and France regulation, considering also the cascade effects on private companies. The purpose of this dissertation is to deepen the right to disconnect, understanding how and in what terms it is a form of protection for workers. Entering into a practical case, is analyzed how an Italian company controlled by a French Group has managed employees remote working (before and during the pandemic) and in particular the right to disconnect.