Kerala introduces right to disconnect bill for private sector employees
At a glance
- The government of Kerala has introduced the Right to Disconnect Bill 2025 (Bill), which proposes to grant private sector employees with the right to disengage from work-related communications outside prescribed working hours.
- The Bill establishes district-level grievance redressal committees with regulatory powers to monitor compliance, address company practices of long work hours, and oversee employee welfare measures.
- Employees, while exercising this right, are protected from disciplinary actions such as dismissal or demotion, therefore reinforcing workplace autonomy and supporting employee mental and physical well-being.
- The Bill aligns with global trends seen in France, Belgium, and Australia, marking a significant shift in India’s evolving labour law landscape.
- If enacted and brought into force as an act by the Kerala Legislative Assembly, employers will need to reconfigure communication protocols and workplace norms, with sector-specific carve-outs likely required for critical services.
We would like to express gratitude to JSA for their contribution on this publication.
The State government of Kerala, through a private member’s bill in the Legislative Assembly of Kerala, has introduced the Right to Disconnect Bill 2025 - a progressive step aimed at redefining work-life boundaries in the private sector. The Bill seeks to vest employees with the statutory right to disengage from work-related communications outside their official working hours. As per the Bill, the right to disconnect includes the right to refuse to respond to or proceed with any work-related notifications or communications transmitted through electronic systems such as phone, e-mail, short messaging service, video conference and any similar such systems. Employees are allowed to exercise this right against the employer or any designated personnel of such employer. Having said that, if employees have entered into agreements with employers to undertake work after prescribed hours, then an employer’s request to work during such hours will not be regarded as violative of any rights of an employee. This initiative reflects growing global recognition that constant connectivity can erode personal time and impact mental health. The Bill is aligned with and reflects international covenants and statutes emphasising on the importance of disconnecting and utilising rest.
What does the Bill propose?
- Legal protection for employees: The Bill, while vesting employees with the right to disconnect, also ensures that employees are not penalised for exercising this right. Workers who choose not to respond after hours cannot face disciplinary actions, such as dismissal, demotion, or loss of any benefits as well as any unfavourable change in conditions of employee or deprivation of job training that is otherwise provided to all employees.
- District-level oversight: The Bill empowers the State government of Kerala to institute a Private Sector Employment Grievance Redressal Committee (Committee) in every district, chaired by senior labour officials, in order to monitor compliance, investigate alleged violations and non-compliances, and issue guidelines on fair compensation for overtime work.
- Broader workplace safeguards: The Committees will also review cost-cutting measures like mass layoffs, address intrusive surveillance practices (eg CCTV, biometric tracking) that may be prone to restricting movement of employees, and promote stress-reduction strategies to protect employee autonomy and well-being.
- Punitive action: The Bill empowers the Committee with the ability to inspect private establishment premises on the basis of complaints and enter into dialogue with employees or the management and collect evidence on any alleged wrongdoing. Where it is found that the concerned establishment has indulged in practices violative of the provisions of the Bill, the Committee can prepare a report reporting the same and submit with the State Government. The State government can administer disciplinary action against the concerned employer, depending on the severity of non-compliance.
Why is this significant?
The Bill signals a major cultural and operational shift for employers. If brought into force, organisations will need to:
- Reconfigure communication protocols to respect employees’ right to disconnect.
- Introduce clear policies on after-hours engagement and compensation.
- Structure deliverables and timelines in a manner that business requirements are met without compromising on the employees’ right to personal time.
- Prepare for sector-specific carve-outs, as industries such as healthcare, IT support, and emergency services may require exceptions due to the nature of their work (the Bill does not presently address these sectors).
What this means for employers
While the Bill is ambitious, its success will depend on the notification of proper rules and mechanisms on how to effectuate an employee’s right to disconnect in a competitive workplace atmosphere. Another notable consideration is that the recently notified Labour Codes provision for overtime work and prescribe appropriate compensation for the same. Employment agreements and workplace policies usually provide for overtime work requirements which are accepted by employees. Since the Bill specifies that the right to disconnect will not be affected where a clear agreement exists between the employer and employee regarding working beyond prescribed hours, these employment agreements and policies will directly conflict with the word of the Bill and cause unnecessary confusion in workplaces. Other key questions that remain are:
- How each district-level Committee will function procedurally in terms of the manner in which complaints may be lodged along with the timelines for adjudication.
- How the State government will prescribe disciplinary actions and what actions will they be allowed to prescribe.
- How exceptions for critical sectors will be defined and effectuated by the State government as well as private establishments providing those services.
If enacted, compliance will extend beyond statutory norms to cultural and technological practices. Considering the Bill is at its nascent stage, there is not much that the employers need to consider and review at this point however, as a form of best practice and from a forward-looking perspective, employers may evaluate the following:
- Employment contracts for clauses that may conflict with the Bill.
- Internal communication policies and escalation protocols.
- Possible technology misuse for monitoring and managing employee activity.
Kerala’s right to disconnect initiative could become a blueprint for other states and potentially encourage employers and state governments to pay attention to employee welfare and emotional well-being on a macro-level.