The boss is not always right. He — seldom a she unfortunately — is most decidedly wrong when he is calling the employee after stipulated work hours — this is the message that Portugal sent out to the world by enacting a new law that ensures that employers will now face fines if they attempt to contact remote workers after hours. Portugal is not the only country trying to modernize its labour codes; citizens of France, Spain, Belgium, Slovakia, Italy, the Philippines, Argentina and — hold on a minute! — even India either enjoy or may soon enjoy ‘the right to disconnect’, or abstain without punishment, from working and communicating with their employers during designated rest periods. The concern that had begun to creep in with the advent of technology such as laptops and smartphones that allowed certain employees to carry work home has multiplied exponentially with the work-from-home model necessitated by the pandemic. Unsurprisingly, staying connected round the clock is taking a toll on workers. A study shows that while the average American, exhausted from constant notifications, has 47 unread text messages and 1,602 unopened emails, he/she is also afraid to switch off completely for ‘fear of missing out’.

Reams have been written about achieving work-life balance — a problematic idea which assumes that life happens when work stops; unfortunately, the child asking for his mother’s attention during a Zoom call or the pressure cooker going off in the kitchen did not get this memo. There is undoubtedly a need to reclaim time away from the laptop. But the directive issued in Portugal ignores several ground realities. What would be the fate of essential workers? For those in relentless, exhaustive but essential occupations, being unavailable is an unattainable luxury. Can, say, an editor afford to drop a story simply because rules forbid the boss to ask a reporter to chase a scent? Moreover, a competitive capitalist economy with rising unemployment forces employees to prove themselves, with or without a phone call from the boss. There are other grey areas. While legislation can ban employers from contacting employees after hours, there is nothing stopping an employee from voluntarily working overtime. By what logic would a hard-working worker or a workaholic be prosecuted? And what of those employed in the informal sector? Poor wages, disappearing livelihoods and minimal job security are challenges that dwarf their concerns about achieving work-life balance.

Portugal did have the right idea, even if the execution was overarching. Labour laws do need to be updated to keep pace with the times. While most companies have policies regarding overtime and remote access work — this is how a bulk of the work is done these days — are rarely addressed. A study published in The Economist showed that less than 10 per cent of the surveyed companies had a policy that detailed communicating for work outside of work hours. Moreover, laws do not make it clear if answering voicemails or emails qualifies as compensable work. Identifying these distinctions are essential while reforming labour laws. Instead of penal provisions, an employee’s right to switch off must be made immune to discrimination.