TOKYO -- Many people have experienced being deprived of private time due to work emails and phone calls, and while advancements in communication technology have made remote work possible, there are concerns that it could also lead to long working hours. Recently, the "right to disconnect," which allows employees to refuse calls and emails outside of work hours, is being established primarily in Europe. Will it become common in Japan, too?

Legislated in France in 2017

"It's common to receive requests via email or phone late at night due to frequent dealings with overseas clients," lamented a 32-year-old man in Tokyo whose work involves arranging cargo transportation at an international logistics company. Even after leaving work in the evening, sporadic work instructions and coordination messages arrive, often encroaching on his private time.

Many people share similar concerns. In December 2023, the Japanese Trade Union Confederation, also known as Rengo, released the results of a questionnaire about the issue targeting 1,000 company workers aged between 18 and 59. In the survey, 72.4% of respondents reported having such experiences, and 62.2% felt stressed by work-related communications outside of working hours.

While contact through emails and text chats has become easier with the development of information and communication technology, the awareness of protecting workers' private time has been spreading mainly in Europe. In France, where private time is highly valued, Paris 1 Pantheon-Sorbonne University professor Jean-Emmanuel Ray proposed in 2002 the concept that would become the foundation of the right to disconnect. The mental health of people unable to detach from work even after leaving the office became a social issue, apparently leading to serious discussions.

The legislation enacted in France in 2017 involves recognizing the existence of the right to disconnect and having labor and management discuss and compile agreements on how to realize this right. It is also included as a mandatory item in collective bargaining.

Common elements included in agreements are: not contacting employees during breaks or outside working hours; prohibiting access to email outside work hours; automatic replies to emails outside of working hours; and specifying hours during which employees are not required to respond to communications.

The right to disconnect is also being legislated in other European countries. In Spain, it is stipulated for remote workers, with labor agreements requiring the establishment of internal regulations. In Italy, it has been decided that workers should be ensured the ability to disconnect from devices, based on individual labor-management agreements. In Belgium, workers at companies with 50 or more employees have the right to negotiate the option to disconnect.

Different attitudes toward work in Japan and Europe

Recently, the concept has been gaining attention in Japan as well, and Tokyo-based app development company Redfox Inc. has added a feature to the sales activity management app "cyzen" that can prohibit work-related communications with employees after work hours. About 20 firms have introduced it, and President Ryutaro Yokomizo revealed, "Sales and productivity have not decreased in companies that have introduced it."

However, the path to legislation in Japan is still long. A draft report released on Dec. 10 by an expert study group of the Ministry of Health, Labor and Welfare, which has been discussing revisions to laws including the Labor Standards Act to accommodate diverse working styles, only stated, "It is necessary for labor and management to consider comprehensive internal rules, including work methods. Proactive measures to promote such discussions should be considered." A ministry official admitted, "Immediate legislation is difficult."

Professor Yuichiro Mizumachi of Waseda University, an expert on French labor law, pointed out, "That is because awareness about working hours is different between Japan and Europe." He added, "In the first place, the distinction between working hours and private life is unclear in Japan, and digitalization is lagging." He went on to explain his analysis, "In Europe, where the distinction between work and private life was originally clear, the surveillance of private life intensified with digitalization, and its seriousness began to be recognized. In contrast, the issues of a surveillance society and privacy protection accompanying digitalization have not yet been clearly recognized in Japan."

Mizumachi suggested, "It is conceivable to create a civil rule that, in principle, not responding to company communications outside working hours does not constitute a breach of contract or grounds for disciplinary action." He argued that in cases where it poses problems if workers cannot be reached in emergencies, "Each company should properly discuss creating rules where obligations under labor contracts may exceptionally arise outside working hours."

On the other hand, professor Ryo Hosokawa of Aoyama Gakuin University, who is familiar with the reality of the right to disconnect in Europe and the United States, suggested, "It might be more effective to create a legal provision such as the obligation to make efforts to secure the right, and to have the labor ministry create guidelines and case studies by industry or occupation for specific operations, gradually encouraging businesses that can implement it to do so."

The labor ministry will begin full-scale discussions toward revising the Labor Standards Act at the Labor Policy Council next year, based on the expert study group's report. The right to disconnect is expected to be on the agenda, and attention will be paid to how the discussions unfold.

(Japanese original by Nanako Hori, Lifestyle, Science & Environment News Department)