The remote working boom since the health crisis has rekindled the debate: should you be constantly available for work? How can foreign professionals set their boundaries, considering cultural differences? Let's take a closer look at countries where employees feel obliged to remain available outside working hours.
Should you always be available for work?
The European Union (EU) considers time off a fundamental employee right. However, it seems to have been undermined since the first lockdown in 2020. When Covid-19 brought the world to a standstill, governments took emergency measures to keep production going. Remote working thus became the norm, especially in digital-intensive sectors such as tertiary services, finance, banking and insurance, science and chemistry, information and communications, and public administration. In OECD countries, over 50% of employees in these sectors have resorted to remote working. This emergency measure has since become part of the standard work organization of many companies around the world (especially those whose activities can be organized remotely).
"Remote presenteeism" and hyperconnection
But remote working also has its drawbacks. The fault lies less in the concept of remote working itself than in the practices of employers and employees. In a hyperconnected world, private life often merges with professional life. Computers, tablets, telephones, etc., are omnipresent. Workers never leave their screens, whether at work or in their private lives. Expatriates are, of course, not spared and may be required to continue working outside normal working hours. This is particularly true since Covid, which gave rise to a "remote presenteeism" culture. Companies have increased the number of meetings they hold to ensure that their employees are working remotely. Employees have started answering e-mails at night or on weekends, a few minutes nibbled away at their private lives that don't, a priori, count as work. It's just a matter of informing one's boss about something, or a colleague, or a quick check-up. Hyperconnexion (or hyperconnectivity) has set in our everyday lives.
Employees caught in the trap of excessive availability
Employees themselves quickly got caught up in the game. The satisfaction of being helpful to the company, the desire to give a good impression to their colleagues and management, the fear of no longer being "in the loop", and the frantic quest for information have led and continue to lead many employees to be readily available for work. They risk stress, nervousness, and burnout, not to mention the damage caused to their loved ones (broken family bonds, couple crises, etc.). Several countries have passed legislation to prohibit employers from contacting their employees outside working hours, or at least to regulate the right to disconnect (see the list of countries below). But in practice, many employees say they continue to exchange e-mails or take phone calls after work. Some have no problem with this; answering a few e-mails after work has no impact on their lives.
Others, on the other hand, point out the perverse effects of this excessive availability. A few minutes of extra connection can turn into hours spent between e-mails and phone calls without any remuneration. But faced with pressure from their employer or other colleagues, employees follow suit, which is a risk to their mental and physical health and well-being. Of course, it's not possible to be available to your employer all the time. However, the accumulation of screens has led to the false idea that a worker (whether expatriate or not) can always be reached and able to respond. This seems to be a vicious circle for employees around the world.
Understanding cultural differences when working abroad
The way work is organized in a country also reflects its culture. Some countries, like the United States, are advocates of freedom and entrepreneurship. Hyperconnection is a means of producing more and better. Other countries, such as Japan, consider an employee's total availability a normal part of the job. Nevertheless, even countries that are fighting hyperconnectivity have deduced that it's hard for employees to switch off. In 2017, the year the right to disconnect was adopted in France, a survey revealed that over 80% of employees were still responding to text messages and e-mails outside working hours. This is a reflex that doesn't look like disappearing anytime soon. The same is true of Spain, where many employees admit to replying to e-mails and messages outside working hours. The spread of remote working and the culture of presenteeism are said to encourage Spanish employees to "do more" without feeling that they are doing so.
From the right to disconnect to the pressure of hyperconnection
The United States has mocked France and other countries for advocating the right to disconnect. The US believes that the state must not interfere in the workplace. American culture has a strong work ethic. Flexibility is a priority, and anything hindering work is a chilling factor for companies. Major American cities are themselves hyperconnected.
The same is true in Korea and Japan. In these two countries, too, the value of work is paramount. In 2016, twelve opposition MPs introduced a bill to ban all communication between employers and employees after work. They mentioned high pressure, increased stress, a form of harassment, and the risk of burnout. South Korea is one of the most hyperconnected countries in the world. Since then, there hasn't been a lot of progress on the issue, except for a bill to increase the legal working week from 52 to 69 hours. The government finally backed down in the face of popular discontent. But this proposal speaks volumes about South Korea's work culture.
In Japan (as in the USA), there is no right to disconnect. Japan has long been known as the land of lifetime employment (shûshinkoyô), a system encouraging employee loyalty. Although lifetime employment has lost ground since the late 2000s, commitment to the company remains. A commitment that requires availability, even after work. Japanese workers are the first to suffer from hyperconnection, the consequences of which can be dramatic. More and more Japanese companies are gaining awareness of the problem and implementing initiatives. Still, all eyes are on the government, which has been under pressure since Covid.
The right to disconnect around the world
Aware of the harmful effects of overconnection, some countries have taken steps to ban the practice. Some of these measures were taken long before the health crisis. The pandemic and the abuses relating to remote working (with hyper-connected employees, even outside working hours and at weekends) have rekindled the debate. Let's take a look at countries where it is forbidden to contact employees outside working hours, put things into perspective, and examine the exceptions. Some countries opt for company negotiations. Others still don't want to hear about a legislative framework.
France
Article 55 of the Loi du Travail (also known as the Loi El Khomri) of July 21, 2016, enshrines the principle of the right to disconnect. The labor law reform, which came into force on January 1, 2017, embraces the El Khomri law and guarantees the right for employees to disconnect. In particular, the company must undertake to implement "devices to regulate the use of digital tools, to ensure respect for rest and vacation times as well as personal and family life".
Peru
In its law of November 1, 2020, which extends the March 2020 regulation facilitating remote working, the Peruvian government recognizes workers' right to disconnect during vacations, rest periods, and "the suspension of their employment relationship". The aim was to continue working despite the pandemic while recognizing workers' rights. Emergency Decree 127-2020 prohibits employers from requiring employees to work during their disconnection periods. It sets the minimum disconnection time for a working day at 12 continuous hours. A further step was taken on September 11, 2022, when the Peruvian Congress approved the remote working reform and introduced a "digital disconnection" time.
Ireland
Inspired by France, the Irish government has introduced a "Code of Good Practice" to regulate relationships between employers and employees. This Code, in force since April 2021, endorses the right of employees to disconnect after the working day.
Portugal
Since November 2021, employers have been prohibited from contacting their employees outside of working hours. They risk a fine of up to 9690 euros in case of infringement. Portuguese law is one of the strictest on the subject.
Germany
In Germany, there is no formal law, but rather negotiations within companies. The issue of employee availability and the excesses of hyperconnection is not new. In Germany, the debate began in the late 90s. Since 1999, the government has recognized that employees can refuse all contact with their employer during sick leave. Other provisions exist, governed directly by companies. In 2011, Volkswagen became the first company to prevent employees from accessing e-mail outside working hours. In 2016, the Ministry of Labor and Social Affairs' White Paper enshrined the principle of collaboration between employers, civil society and social partners regarding remote working. There wasn't any law back then, but collective agreements were negotiated between the parties concerned.
Philippines
In January 2017, a bill in the Philippine Labor Code required employers to "establish hours when employees are not expected to send or respond to work-related e-mails, messages or calls." But a few weeks later, the Secretary of Labor and Employment preferred to talk about employees' right to respond or not to messages from their employer. In an official statement, he explains: "Replying to or ignoring employer messages and e-mails after working hours is a voluntary commitment by the employee, and the employee is not obliged to reply. The right to disconnect is an employee's choice."
Belgium
While Belgium has not introduced a formal ban or right to disconnect, its law of March 26, 2018, obliges employers to organize a dialogue on the subject. According to articles 15 to 17 of the said law, it is up to the employer to arrange "a consultation within the Committee for Prevention and Protection at Work, at regular intervals and whenever the workers' representatives within the Committee so request, on the subject of disconnection from work, and the use of digital means of communication."
Spain
In 2019, Organic Law 3/2018 for the protection of personal data and the guarantee of digital rights came into force in Spain. Article 88 of the law states, "Employees and civil servants will have the right to disconnect in order to guarantee, outside legal or contractually established working hours, respect for their rest, vacation or vacation periods, as well as their personal and family privacy."
Canada
There are mixed opinions on the right to disconnect in Canada. Quebec is not spared. In 2020, Jean Boulet, Quebec's Minister of Labour, recognized the risks of worker hyperconnectivity but did not want to interfere with company negotiations. Quebec then relied more on company initiatives than a strict framework, which it considered too limited. But in 2023, a group of young lawyers urged Quebec to act, with a survey to back it up. According to their survey, "7 out of 10" respondents called for Quebec to intervene in this area. The lawyers' group cites the Canadian province of Ontario as an example, which has introduced a right to disconnect.
Japan
In Japan, on the other hand, employees are desperate to relax after work. Although the Kishida government is keen on fighting the excesses (karoshi, death by overwork, is still the cause of death of around 300 to 400 workers a year), in practice, much remains to be done. In many Japanese companies, people still work after work. Between late-night e-mail replies and weekend phone calls, work-life balance is almost non-existent.
Other countries have introduced the right to disconnect, namely Italy (in 2017), Chile and Argentina (in 2020, as part of measures on teleworking during Covid-19). On the other hand, some countries do not welcome government intervention in the workplace. In the United States, the right to disconnect isn't a priority. In March 2018, New York did attempt to amend its legislation to introduce one, but in vain.
Working abroad and hyperconnection: how to set limits?
If you have found work in a country that has introduced a right to disconnect or allows dialogue with the company, you are lucky! However, it has almost become natural for employees to be hyperconnected to their work due to omnipresent digital tools. As a first step, find out more about your company's practices. Don't hesitate to ask questions during your job interview. If the company has a stand on hyperconnection, it has undoubtedly implemented the necessary measures. If not, check out existing laws. You are not obliged to reply to your company when it contacts you outside working hours.
An expatriate's position can be tricky, especially when it comes to asserting their rights. You're perhaps scared of losing your position, being demoted, or being frowned upon by your employer. But agreeing to be always available is equally counterproductive. Show that you know the law. The issue might arise in the absence of a law. In that case, try to adapt. Answering a work e-mail when you're supposed to be asleep or enjoying your weekend is work. All work deserves a salary. If your contract doesn't stipulate how long you have to be available outside work, you don't have to stay online. To protect yourself, contact your company's union (if one exists) or any other relevant professional. You may also seek legal advice from specialists in the law of your expat country.
