To the issue of the right of employees to disconnect: a comparative analysis

The article states that the widespread use of the Internet and computer technology requires an adequate legislative response to challenges. The development of legislation should take into account the changes taking place in the country’s economy. Unfortunately, we have to state the fact that the national legislation still does not always respond to new threats in a timely and qualitative manner. It is emphasized that the problems caused by the impact of digital technologies on work emphasize that in the digital age occupational health and safety remains the main asset designed to protect the health of workers. The right to disconnection plays a key role in maintaining the balance between work and personal life, preserving the health of the employee. It is emphasized that taking into account the experience of enshrining the right to disconnection in the labor legislation of the leading EU countries will be relevant and useful for our country, in which digitization has been accelerating at an accelerated pace in recent years. The national legislation of Ukraine still does not always respond in a timely and qualitative manner to new challenges and needs related to the digitalization of the labor sphere. Attention is drawn to the fact that the Ukrainian legislator not only unreasonably limited the categories of employees who have the right to disconnect to only those who perform work remotely, but also adopted declarative norms without defining a clear mechanism for implementing the right to disconnect in practice. It is noted that filling this legislative gap is possible with the help of local regulation. Local regulations that detail the legal regulation of this issue at the level of enterprises, institutions, and organizations play an important role in protecting the employee from excessive workloads caused by performing work with the help of ICT. Enshrining at the legislative level clear mechanisms for the implementation of the right to disconnection, further detailing it in local acts, and its effective use in practice are necessary steps to improve the life and health of employees.