The right to disconnect in the workplace: between legal obligation and managerial reality
Introduction
In the age of constant connectivity, the boundaries between professional and personal life have blurred considerably. The explosion of telecommuting, collaborative tools and instant messaging has put constant pressure on employees, who are often forced to stay connected outside their contractual working hours. The result: increased stress, sleep disorders, burn-out... The phenomenon of hyperconnection is becoming a major occupational health issue.
It was against this backdrop that France introduced the right to disconnect into the Labor Code in 2016, a world first at the time. But nine years on, where do we really stand? Is it a respected norm, or a mere formality? How can HR turn this obligation into a managerial opportunity?
A young but clear legal framework
Introduced in the 2016 Labor Law
The right to disconnect appeared with law no. 2016-1088 of August 8, 2016, known as the El Khomri law. Enshrined in Article L. 2242-17 of the French Labor Code, it requires companies with more than 50 employees to provide, as part of the mandatory annual negotiations (NAO), concrete arrangements for disconnection outside working hours.
If no agreement is reached, the employer must draw up a charter, after consultation with the CSE, setting out how this right is to be exercised and the training and awareness-raising measures required to ensure reasonable use of digital tools.
A variable-geometry obligation
The French Labor Code does not impose a single model. Companies are free to set their own practical arrangements, as long as they effectively guarantee employees respect for their rest periods and protection against digital overload. This leaves considerable leeway for HR and social partners to adapt the system to the reality on the ground.
Why disconnection is a crucial HR issue
Prevention of psychosocial risks
The omnipresence of digital tools generates chronic stress: constant notifications, implicit expectations of immediate response, difficulty in mentally tuning out... According to a study by ANACT, more than 60% of employees who are connected in the evening report increased professional fatigue.
The right to disconnect acts as a primary prevention measure, helping to reduce the risk of burn-out, anxiety or professional depression.
A lever for quality of life at work
Reaffirming a clear framework between work time and personal time helps restore a healthy life balance, a factor in motivation, commitment and talent retention. For HR, disconnection is becoming an essential component of any QWL (Quality of Life at Work) policy.
A vector for sustainable performance
Relaxed, serene teams are also more effective teams. Far from hampering productivity, disconnection reduces mental wear and tear, improves concentration and reduces turnover.
How to effectively implement the right to disconnect
Negotiation or charter: two possible paths
Option 1: Collective agreement
In companies with >50 employees, the NAO must address the issue of disconnection. It is advisable to include clear commitments: availability time slots, emergency management, measurement tools, training initiatives, etc.Option 2: Unilateral charter
In the absence of an agreement, the employer must draw up a charter after consulting the CSE. This specifies the internal rules and good practices expected. Please note: this is not a simple posting, but a binding document.
Concrete best practices
Define periods of non-availability, for example between 7 p.m. and 8 a.m.
Block automatic e-mailing in the evening or at weekends
Add a non-emergency message to email signatures
Train managers to manage digital solicitations sensibly
Audit the use of collaborative tools
The key role of the manager
The success of this policy depends largely on exemplary management. A manager who sends messages at 11pm ruins all efforts at regulation. HR therefore needs to support managers in a deep-seated cultural change: evaluate by results, not by continuous availability.
The special challenge of teleworking
With the spread of post-Covid teleworking, the right to disconnect has taken on a new dimension. As the home becomes an office, the porosity of life times becomes even more pronounced. This calls for specific measures:
Set strict teleworking hours
Specify mandatory breaks
Training employees to work independently without overload
Impose a digital break at noon or after 7 p.m.
What are the risks of non-compliance?
Employer's liability
Failure to effectively implement these measures may be deemed a breach of the safety obligation (Article L.4121-1 of the French Labor Code). Recent decisions show that judges are recognizing the impact of hyperconnection on health.
Example: In 2018, an executive employee was awarded damages after proving digital overload (e-mails received in the evening, implicit pressure from superior).
Obstruction
If the employer does not raise the subject at the NAO or consult the CSE when drafting the charter, he may be prosecuted for obstruction, punishable by a fine of 3,750 euros.
Case law you need to know
CA Paris, Nov. 22, 2018: An employee dismissed for professional inadequacy invokes hyperconnection. The judge finds in his favor on the grounds that the employer failed to protect his rest periods.
Cass. soc., February 17, 2021: Confirms that the absence of an agreement does not release the employer from his obligation to protect employees, even when teleworking.
TA Versailles, 2022: The Labor Inspectorate may request an action plan if it finds misuse of digital tools in a company with over 50 employees.
Examples of pioneering companies
Orange
Orange was one of the first groups to integrate disconnection into its HR policy, with a specific agreement signed in 2017: digital quiet time, regular audits, systematic awareness-raising for new managers.
MAIF
MAIF has introduced an ambitious charter, prohibiting all mail from being sent between 8pm and 7am, except in cases of proven urgency. The result: a 27% drop in the volume of out-of-hours mail.
VSE/SME: simple, effective actions
Even without a formal agreement, small structures can :
Set up mailboxes to defer deliveries
Organize "internal mail-free weeks".
Training employees in digital ecology
Recommendations for HR departments
Making disconnection a pillar of QWL
Putting the subject into the NAO in a structured way
Auditing the use of digital tools
Supporting managers through cultural change
Co-constructing rules with social partners
Set up digital mental workload indicators
Conclusion
The right to disconnect should no longer be seen as a regulatory constraint, but as a long-term HR strategy. Properly applied, it can strengthen commitment, improve performance and protect employee health.
For HR departments, this is a powerful lever for attractiveness, managerial innovation and employer differentiation. All that's left is to turn the text into action.
