From Off-time to Offline: Recognising Right to Disconnect under the Sri Lankan Labour Law System

Abstract

This study aims to interrogate the possibility of acknowledging the Right to Disconnect (RTD) under the labour laws of Sri Lanka. RTD which emerged as a response to the increasing demand for online and hybrid work, recognises employees’ right to remain disconnected or disengaged from any work-related activities such as answering phone calls or responding to emails after working hours. Research on RTD has focused on its practical implications for building a healthy and sustainable work force, but less has been said about its incorporation to domestic legal environments, especially in developing countries. The present study therefore critically reviews the Sri Lankan labour laws and the labour laws in other jurisdictions that have acknowledged RTD, to understand the potential of acknowledging this right in Sri Lanka. Through its data analysis this study revealed that, despite the existence of legal measures that ensure employees’ Right to relax and leisure (RRL), a little to no focus has been given to the new working environments such as online and hybrid work, and the rights that would emerge from them. While highlighting the best practices relating to RTD from other jurisdictions, this study also examines the legal dilemmas that may thwart such attempts of recognising this right in Sri Lanka. Thus, it highlights the need to update Sri Lankan labour laws to match the contemporary labour market while strengthening labour tribunals to play an active role which will be essential to acknowledge novel rights such as RTD under Sri Lankan labour laws.