Personal Dimension of the Right to Disconnect in the EU Directive Draft
Personal Dimension of the Right to Disconnect in the EU Directive Draft

Summary/Abstract: This paper tackles the issue of the personal scope of the right to disconnect as the right of a worker to refrain from engaging in work-related tasks and not to participate in communication with employer for a work-related purpose, in particular communication via digital tools such as email and telephone. The reference point of the analysis undertaken will be the EU directive draft regulating the right of workers to disconnect contained in the European Parliament resolution adopted on 21 January 2021. The issue addressed is part of a broader discussion on the legal model of labour provision that has long accompanied the academic debate among Polish and foreign labour law scholars. The prevailing view among those working on this topic, which is correct in principle, is that the protection of employment law should be extended to self-employed workers. There are differences of opinion as to how such protection would be implemented and, in particular, to whom it would apply and to what extent it would apply.

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