Prawo pracownika „do odłączenia” – uwagi na kanwie rezolucji Parlamentu Europejskiego z dnia 21 stycznia 2021 r. zawierającej zalecenia dla Komisji w sprawie prawa do bycia offline (2019/2181(INL)) (2021/C 456/15)
Worker’s Right to Disconnect – An Analysis of the European Parliament Resolution of 21 January 2021 with Recommendations to the Commission on the Right to Disconnect (2019/2181(INL)) (2021/C 456/15)

Summary/Abstract: This article analyzes the solutions proposed under EU law for establishing a right for workers to disconnect from digital technologies used for professional purposes, also known as the “right to be offline.” Acknowledging the increasing availability of ICT-enabled work and the need to regulate workers' rights to disconnect from digital tools, on 21 January 2021, the European Parliament presented a Resolution with recommendations to the Commission on the right to be offline (2019/2181(INL)) (2021/C 456/15). The annex to the resolution contains a draft legislative proposal in the form of a Directive of the European Parliament and the Council on the right to be offline. The article presents arguments for and against establishing a new worker’s right to disconnect, as well as the challenges involved in adopting such a regulation. Reference is also made to the current case law of the Supreme Court and the Federal Labour Court concerning the permissibility of contacting an employee during their free time by an employer.

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