Technological advancements have a great impact on official work culture in both Govt and Private sectors. This started with the 19th century industrial revolution when machines replaced many of the professions that previously required a massive labour force. This was a historical moment in our history and impacted our society.
In Kashmir, for thousands of years people used to travel on horses, camels, bullock carts and it was only in the 20th century that we saw motor cars and buses plying on roads. Until late 1980s or early 1990s, the development was not so fast in Kashmir. However, it took a sudden jump from 1990 onwards.
We have places in Kashmir where locals hadn’t seen fixed-line telephones but they suddenly acquired android phones or even iphones. Similarly, we have many remotest corners of J&K where there are no good roads but locals there have purchased expensive cars.
Official WhatsApp Groups
In the last 10 years especially, technology has made it possible for new industries to emerge, and more people have shifted their attention toward employment in software development, animation, data analysis, and other new IT related jobs. Even our traditional professions are now technology driven. The intervention of technology has ensured better work-culture as well, especially the introduction of Biometric attendance in Govt offices. Gone are the days when Govt employees would not attend their duties for days and weeks.
At a time when technology is helping to strengthen our work-culture, this is also impacting the private and personal lifestyle of employees, especially in the Government sector. Almost every Govt office has a WhatsApp group and Govt officials are made to share documents , records etc on the WhatsApp groups even after the office hours.
This author was contacted by several Govt employees working at different positions. I interacted with Class 1, Class 2, Class 3 and Class 4 government officials and all of them complained that their social life has been disturbed especially from the last 3 years as most of the work is done via WhatsApp groups.
Irony is that those who complained to me are themselves accused by their juniors of creating a pressure on them to share this-and-that information on WhatsApp even at late hours (10 PM, 11 PM, 11:30 PM ). When I asked these officers the reason , they said they are being forced to get details from their own HODs or senior officers. Even IAS officers told me that this culture must end but the Govt is not taking this seriously.
Right to Disconnect Law in Australia
The Australian Federal Parliament in February this year passed the Fair Work Legislation Amendment Bill 2023 also known as Right to Disconnect Bill. The new law amends the Australia’s Fair Work Act 2009 which is aimed to prevent employers from contacting employees outside of work hours and provide that employees are not required to monitor, read or respond to work communications from their employer outside of work hours. The new law compasses policies which permit the employees to avoid engaging in work-related digital communications like emails or messages, outside their normal working hours.
The Right to Disconnect Law has become increasingly relevant in many countries due to the blurred boundaries between work and personal life, especially after the introduction of digital communication technologies and remote work setups.
This law is basically designed to shield employees of both government and private sector from the pressure of constant availability which causes stress among the employees who are unable to give time to their families even after working hours or on holidays. The new legislation will promote a healthier work culture in offices by allowing the employees to disconnect from work during their personal time.
Proposed law in Kenya
Kenya is another country which plans to bring a similar bill. The new bill will amend Kenya’s Employment Act of 2007. The Employment Amendment Bill 2022 is pending in the Kenyan senate. Under the proposed law the employees have the right to disconnect outside of work hours and requires employers to establish a policy on when, or if, an employee must respond to electronic communications. This policy proposes to include:
A) The circumstances under which employers may contact employees outside of their working hours,
B) When the right to disconnect may be waived in case of emergencies,
C) Guidelines on the use of digital communication by employees outside of their working hours, and
D) The compensation granted for employees working outside of their working hours.
Italy, Spain, and the Philippines have also taken steps towards implementing policies that, in various ways, support the right to disconnect for employees.
The European Union (EU) defines the right to disconnect as “a worker’s right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails or other messages, during non-work hours.” Portugal labels its work-life balance legislation the “right to rest”, with companies of 10 or more staff facing fines for contacting staff outside of set working hours. Workers with children below the age of eight are also permitted to work remotely under the new laws, which came into effect in November 2021.
Similar law in India
A Private Member’s Bill on Right to Disconnect was introduced in the Lok Sabha in 2018 by Member of Parliament from Maharashtra Ms Supriya Sule. She introduced the bill on 28th October, 2019 in Lok Sabha which could not be passed. The objective of this Bill was to empower every employee to have the Right to Disconnect from all work related communication after their set work-hours.
The draft bill highlighted the need to respect the personal life of the employees by recognizing their right to disconnect and not respond to their employer’s calls and e-mails, during out-of-work hours. The Bill seeks to recognize the right to disconnect as a way to reduce stress and ease tension between an employee’s personal and professional life. The Right to Disconnect Bill 2018, introduced by NCP MP also sought to establish an Employees’ Welfare Authority “to confer the right on every employee to disconnect from work-related telephone calls and emails beyond work hours. The proposed regulation sought that the government set up digital detox centres and provide digital detox counselling services to citizens for the personal use of digital and communication tools.
Conclusion
It is important that the Govt of India comes up with a national law on Right to Disconnect as employees in the private and government sectors are made to work after office hours in many states. The growing technology sector in India, coupled with heavy reliance on digital communication, has subjected the workforce to the perils of an ‘always-on’ culture. This is frustrating the employees especially in the Government sector. Having been very critical of work culture in Govt offices, corruption and mismanagement, I also believe that Govt employees in many Govt offices are frustrated and overburdened with work. Due to lack of staff the work that is supposed to be done by 10 employees is thrusted upon two or three officials. Someone needs to stand for them as well.
Many Govt officials are made to work even at 11PM or as late as 12 night. The Govt officers / officials are asked to attend online meetings or physical meetings on holidays and Sundays. This is unethical and is impacting their social and private lives. I would suggest that until a central law is enacted on Right to Disconnect, the Political Parties in J&K incorporate it in their election manifesto for upcoming Assembly Elections. The political party which comes to power in J&K can enact a state law on the Right to Disconnect. Meanwhile the Govt of J&K can also come up with a clear order prohibiting any work or meetings after the office hours.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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