Blurring of boundaries
The extensive working from home contributes to the blurring of boundaries between work and private life. In various sectors being continuously reachable is now the norm. That causes employees to experience stress because they are always ‘on’. Research shows that the blurring of boundaries het risico vergroten op depressies, angststoornissen en burn-outs. Zonder duidelijke afspraken blijven werknemers druk voelen om altijd binnenkomende berichten te beantwoorden, ook buiten werktijd. Het is belangrijk dat werkgevers blijven letten op de mentale gezondheid van hun werknemers. Daarom stelt het Europees Parlement dat het ‘ right to disconnect ‘ employees must be protected from an excessive workload, stress and other health complaints.
Right to be unreachable within Europe
In Europe there are already several countries and companies where the right to be unreachable exists. Since 1 januari 2017 the right to be unreachable has been enshrined in France. Companies with more than fifty employees are legally required to make arrangements with their staff about at which times they can switch off their phone. Similar legislation is already in force in Portugal, Spain and Belgium. In these countries employers can no longer call their people after clocking out: employees are truly free. Incidentally introduced the German companies Volkswagen and BMW this right already years ago. Employees of these companies do not have to respond outside working hours to messages from their colleagues or employers.
Although in the Netherlands the Working Conditions Act Employers are, among other things, obliged to prevent employees from experiencing psychosocial work-related stress; in 2020 a bill was submitted to regulate the right to be unreachable. For the Dutch employee the Working Hours Act still applies whereby everyone has the right to 11 hours of rest at the end of his or her working day. But depending on company culture, someone may feel obliged to respond. Also, employees who earn more than €60,000 annually are excluded from the Working Hours Act. While it is precisely in this category that many people have demanding jobs.
What does that look like in practice?
When the bill is passed, employees and employers in the Netherlands will be legally required to hold a discussion about reachability and unreachability outside working hours. Actually making an agreement is not required. The aim is that the discussion forms part of internal policy to prevent excessive workload, so that the employee does not take on work tasks outside working hours. The employer must, however, be able to demonstrate that the discussion has taken place, for example by a written report. If a discussion cannot be demonstrated to have been held, the Inspectorate SZW to impose a fine .
It is questionable whether the law is enforceable in the Netherlands. In the meantime the working title of the bill has been adjusted, because, according to the Council of State, it would suggest that employees would gain a social fundamental right to be unreachable. According to the advisory body, 'unreachability' is something that should be arranged between employee and employer, without a law in between. The revised bill 'Bill on entering into a conversation between employer and employee about availability outside working hours' has been submitted to the House of Representatives.
Create frameworks
In some sectors, employees cannot avoid being reachable outside working hours (occasionally). But even without legislation or collective labor agreement provision can employers prevent employees from working too much at home and thus becoming stressed. By starting the conversation – both in teams and at an individual level – about what is expected in terms of availability. It is also important for colleagues that they discuss among themselves what they may and may not ask of each other regarding being reachable outside working hours.
