Suchergebnisse

The article examines the realisation of the right to disconnect in the framework of workers' social protection. The study explores different approaches to the definition of a new right. The right to disconnect is analysed on the basis of targeting and universality of social protection, soft and hard measures, the components of the new right, which include workers' opportunity, employers' responsibility, communication between employers and workers, protection from adverse consequences. The legal acts that serve as a foundation of the right to disconnect create a separate work pattern of teleworkers, which affects the formation of the targeting approach to social protection. The regulation of the right to disconnect introduced in European Social Partner framework agreement on digitalisation and European Parliament resolution of 21 January 2021 with recommendations to the Commission on the right to disconnect gives a more universal approach. The Resolution acknowledges the right to disconnect as a fundamental right and proposes hard regulatory and technological measures to ensure observation of work and rest periods. The agreement is based on the change in corporate culture. It is revealed that nowadays the right to disconnect serves as the only project aimed at regulating digital working relations in the framework of social protection of remote workers, however R2D can be limited by a narrow category of teleworkers. Debates over the right to disconnect touch upon the issue of the effectiveness of social dialogue in the context of adaptation to digital work organisation, as well as the possibility of keeping binary understanding of work and rest periods.

The study explores the right to disconnect as a means of regulation of digital labor management in the European Union and the Russian Federation. The issue of remote work regulation and preventing risks has become particularly crucial, due to the rise of remote work during the pandemic of COVID-19. Though social distancing measures were cancelled, society and business sphere had a demand for new types of work. The aim of the study is to scrutinise the features of the right to disconnect in the EU and Russia. The research briefly describes the changes in the working sphere as a result of digitalization as well as analyses the approaches to the right to disconnect and explores the practices of implementation of the right to disconnect in several EU country members and the changes in the Labor Code of the Russian Federation. The study reveals differences not only in the ways of implementation of the right to disconnect but also in the way the essence of the right is defined. In other words, the problem of the right to disconnect is based on what is meant by «disconnect» and digital rights. The study sheds light on one of the components of the system of regulation of digital labor management as well as on the importance of differentiating between the right to disconnect and similar existing rights.