The right to disconnect — the right of employees not to engage in work-related electronic communications outside working hours — has become one of the most significant employment law developments in the EU. Several member states have enacted specific legislation, and the European Parliament has called for an EU-wide directive. Yet many employment contracts still contain clauses that effectively require 24/7 availability, particularly for managerial and professional roles. For employees signing contracts in EU member states with right-to-disconnect legislation, understanding how these laws interact with contractual availability requirements is essential. A clause requiring you to respond to emails within 2 hours at all times may be unenforceable in France or Belgium, but perfectly valid in a member state without specific legislation.
What is a Right to Disconnect?
The right to disconnect is the principle that employees should not be obliged to engage in work-related digital communication (emails, messages, calls, video conferences) outside their normal working hours, and should not face adverse consequences for not responding during non-working time. It complements the Working Time Directive's (2003/88/EC) provisions on maximum working hours and minimum rest periods by addressing the blurring of work-life boundaries caused by digital technology and remote work.
Red flags to watch for
Vague availability requirements effectively mean always-on. The contract should specify what 'reasonable' means — which hours, which channels, and what response time is expected.
If your performance review considers how quickly you respond to evening or weekend messages, you're being penalised for exercising your right to disconnect, which may violate national legislation.
Remote workers are particularly vulnerable to always-on expectations because the physical boundary between work and home is eliminated. Contracts for remote roles should explicitly address disconnect rights.
The ECJ has ruled (Matzak v Ville de Nivelles, C-518/15) that on-call time constraining the employee's ability to pursue personal activities may constitute working time. Unpaid on-call requirements may violate the Working Time Directive.
Without defining what constitutes 'urgent,' this creates an unlimited exception to disconnect rights. Every request becomes urgent when there are no consequences for the employer.
Your legal rights
Several EU member states have enacted right-to-disconnect legislation. France's El Khomri Law (2017, Article L2242-17 of the Labour Code) requires companies with 50+ employees to negotiate disconnect policies. Belgium's Act of 3 October 2022 establishes a right to disconnect for federal public service employees and requires collective bargaining agreements to address disconnect for private sector workers. Spain's Organic Law 3/2018 (Article 88) recognises the right to digital disconnection. Italy's Law No. 81/2017 on agile work requires agreements to identify 'rest periods and disconnect measures.' Portugal's Labour Code (amended 2021) prohibits employers from contacting workers outside working hours except in emergencies. The European Parliament Resolution of 21 January 2021 called for an EU-wide directive, though no directive has been enacted as of 2026. The Working Time Directive (2003/88/EC) provides baseline protections through maximum 48-hour average working weeks and minimum 11-hour daily rest periods.
Questions to ask before you sign
- 1Does the contract include a right-to-disconnect provision, and does it comply with the legislation of the country where I'll be working?
- 2What are the defined working hours, and is there a clear boundary between working time and personal time?
- 3How are 'urgent' out-of-hours communications defined, and what qualifies as an emergency requiring a response?
- 4Will my performance evaluation consider response times outside working hours?
- 5Is there an on-call component to the role, and if so, how is it compensated?
- 6What is the company's policy on sending non-urgent emails outside working hours?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.