The Right to Disconnect: A Necessary Protection for Malaysian Employees

In an era where digital connectivity is both a blessing and a burden, the boundaries between work and personal life have become increasingly blurred. The advent of smartphones, instant messaging and remote work capabilities has created a culture of constant availability where employees feel compelled to respond to work-related communications even outside their official working hours. This phenomenon has sparked a global conversation about the Right to Disconnect— a legal and ethical principle advocating for employees' right to disengage from work-related communications outside their contractual working hours without fear of retaliation or negative consequences.

The Right to Disconnect allows employees to refrain from responding to work related communications such as emails and messages outside their designated working hours. This initiative aims to protect work-life balance, prevent burnout, and promote overall well-being in an increasingly digital and always-connected world.

International Precedents

The origins of the Right to Disconnect can be traced to France. In a landmark case, the Labour Chamber of the French Supreme Court ruled in 2001 that “the employee is under no obligation to accept taking work back home, nor to set up work instruments and file processing at home.” Additionally, in 2004, the court affirmed that “not being reachable outside of working hours on a personal cell phone is not of wrongful nature and cannot be used to justify dismissal on disciplinary grounds.”

Since then, several countries have recognised this right through legislation. France formally implemented the Right to Disconnect in 2017, followed by Belgium in 2022. Other nations, including Spain, Ireland, Portugal, Italy, Germany and Taiwan have also adopted similar protections. Kenya is currently advocating for similar legislation in its parliament

Legal and Human Rights Perspective in Malaysia

While the Right to Disconnect is legally recognised in several countries, Malaysia has yet to incorporate this principle into its labour laws. Many Malaysians hope the government will take steps toward implementing similar protections. However, the foundation for such a right can be derived from existing labour laws and Malaysia’s commitment to upholding fundamental human rights in the workplace.

The Employment Act 1955 which governs employment relationships in Malaysia, stipulates clear provisions regarding working hours, overtime and rest days. Section 60A of the Act, for instance, specifies that an employee’s normal working hours should not exceed eight hours a day or forty-five hours a week. Additionally, any work done beyond these stipulated hours must be compensated accordingly. However, the Act does not explicitly address after-hours communication leaving employees vulnerable to workplace cultures that promote 24/7 availability.

The Impacts of a Lack of Right to Disconnect

The absence of a legally recognised Right to Disconnect in Malaysia has significant repercussions on employees’ well-being and productivity. Studies show that excessive work-related communication outside of working hours contributes to burnout, increased stress levels and a decline in mental health. Employees who are expected to be always “on” often struggle to maintain a work-life balance which can negatively impact their relationships, family life and overall well-being.

Beyond individual consequences, businesses also suffer when employees are overworked and constantly connected. Prolonged stress and burnout lead to lower productivity, higher turnover rates and reduced job satisfaction. An exhausted workforce is less engaged, less innovative and more prone to errors—factors that ultimately harm organisational performance.

Implementing the Right to Disconnect in Malaysia

For Malaysia to embrace the Right to Disconnect, several approaches can be considered:

1. Legislative Intervention: The government could introduce amendments to the Employment Act to establish clear guidelines on work-related communications outside working hours. A model similar to France’s Labour Code, which mandates employers to negotiate afterhours communication policies with employees could be adapted to fit the Malaysian context.

2. Employer Initiatives: Employers should take proactive measures by implementing internal policies that respect employees’ personal time. Organizations can set clear expectations regarding response times and introduce automated email responses outside office hours, informing senders that employees are currently offline. Encouraging a workplace culture that prioritises employee well-being will not only enhance job satisfaction but also improve overall business outcomes.

3. Employee Advocacy: Employees should advocate for their rights by engaging in open discussions with their employers and establishing boundaries regarding after-hours communication. Employees should have the discretion to agree to work extra hours voluntarily provided they receive fair compensation for their efforts. They should never feel compelled to do so out of fear that refusing might negatively impact their performance evaluations. Raising awareness about the negative impacts of an “always-on” culture can drive the momentum needed to push for regulatory change.

Conclusion

As we step into 2025 and beyond, the Right to Disconnect has become more than just an option—it is a vital necessity for protecting employee well-being in the digital era. While nations implement different strategies, the overarching objective remains unchanged: fostering a healthier work-life balance and minimising burnout. A collaboration between policymakers, employers and employees is essential to create a future where work does not come at the expense of mental health and personal time.

By implementing clear regulations, fostering corporate responsibility and promoting a culture that respects work-life balance, Malaysia can take a crucial step toward ensuring that its workforce remains healthy, productive and motivated. It is time for Malaysian employees to reclaim their personal time and for employers to respect the fine line between professional duties and personal well-being. Prioritising employees' physical and mental well-being fosters a healthy work-life balance, ultimately improving their quality of life while creating a more sustainable and productive work environment