The right to disconnect
7
However, it will be difficult to revise the WTD in a way that takes into account the right to disconnect.
In 2010, the consultation of EU-level workers' and employers' representatives on the possibilities to
amend the WTD did not result in a social partners' agreement.
35
Employers tended to see the
changes as necessary for achieving greater flexibility in the organisation of working time, while trade
unions, on the contrary, considered it important to provide effective legal protection for workers
against excessive working hours.
36
A more pragmatic approach could be to adopt an enforcement directive related to the WTD, which
would be of a more technical nature, similar to the Posting of Workers Enforcement Directive
(2014/67/EU).
37
This directive was adopted with the aim to increase the awareness of workers and
companies about their rights, to improve cooperation between national authorities, to clarify the
definition of 'posting', to increase legal certainty for posted workers and service providers, and to
define Member States' responsibilities. A WTD-related enforcement directive related could, based
on recent developments and case law, give some clarifications in the measurement of working time,
daily and weekly rest periods and the role of agreements between social partners.
ENDNOTES
1
Legislative initiative procedure, 2019/2181(INL).
2
The right to switch off, Eurofound, July 2019.
3
IW Köln, Zur Ambivalenz flexiblen Arbeitens. Der Einfluss betrieblicher Familienfreundlichkeit, 2019.
4
How usual is it to work from home? Eurostat, April 2020.
5
Background summary report for a webinar on the right to disconnect, Oscar Vargas Llave, Tina Weber, Matteo
Avogaro, Eurofound, June 2020.
6
Eurofound, June 2020.
7
Deutscher Bundestag Ausschussdrucksache 19(11)83.
8
Jon C. Messenger, 'Working time trends and developments in Europe', Cambridge Journal of Economics, 2010.
9
Sarah Green Carmichael, The Research Is Clear: Long Hours Backfire for People and for Companies, Harvard, 2015.
10
Challenges and Opportunities of Teleworking for Workers and Employers in the ICTS and Financial Services Sectors,
Sectoral Policies Department, ILO, Geneva 2016.
11
Paul M. Secunda, The Employee Right to Disconnect, 2019.
12
Ibid.
13
Background summary report for a webinar on the right to disconnect, Eurofound, June 2020.
14
Article L.2242-17 of the Labour Code.
15
More Countries Consider Implementing a 'Right to Disconnect', International Labour and Employment Law, 2019.
16
Paul M. Secunda, 2019.
17
Ibid.
18
Tarifabschluss Mobiles-Arbeiten, Südwestmetall, 2018.
19
Right to switch off, Eurofound, 2019.
20
Principle 10 on 'healthy, safe and well-adapted work environment and data protection'. Workers have the right to
a high level of protection of their health and safety at work. They have the right to a working environment adapte d
to their professional needs and which enables them to prolong their participation in the labour market.
21
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain
aspects of the organisation of working time, 4 November 2003.
22
Detailed report on the implementation by Member States of Directive 2003/88/EC concerning certain aspects of
the organisation of working time, SWD(2017) 0204 final
, European Commission, April 2017.
23
Ville de Nivelles v Rudy Matzak, CJEU judgment in Case C-518/15.
24
Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE. CJEU judgment in Case-C-55/18.
25
Different rules apply for two specified groups of workers: mobile workers (Article 20) and workers on seagoing
fishing vessels (Article 21).