The Digital Border: WFH and the "Right to Disconnect" in India’s New Labour Era

Remember the days when leaving the office meant the workday was actually over? Today, the "office" is often just a laptop on a dining table, and the workday ends whenever the last WhatsApp notification pings—which, let’s be honest, is usually right before bed.

With the four New Labour Codes finally becoming effective in November 2025, and the recent release of the 2026 Draft Rules, many of us are asking: Does the law finally protect my personal time? Can my boss legally require me to work from home forever?

Let’s look at the legal "fence" being built around our digital lives.

Work From Home (WFH): No Longer Just a "Favour"

Before the pandemic, WFH was an occasional perk. Post-2025, it is a recognized legal concept.

Under the Industrial Relations Code, 2020 and the accompanying Model Standing Orders, the government has formalized "Work from Home" for the service sector.

• The Rule: Employers can now enter into a mutual agreement with employees to allow them to work from home.
• The Shift: This move acknowledges that the workplace is no longer just a physical building. It allows companies to define WFH hours and conditions formally in their service rules, providing a layer of structure that was missing during the chaotic 2020-2022 period.

Does this mean you have a "right" to demand WFH? Not exactly. It remains a matter of mutual agreement or company policy, but the law now provides the framework for those policies to be legally binding and compliant.

---

The "Right to Disconnect": Is It Law Yet?

We’ve all been there: a "quick" email at 9:00 PM that turns into a two-hour project. This has led to a nationwide debate on the Right to Disconnect—the legal right to ignore work calls and emails outside of official hours without fear of punishment.

The Current Status (Early 2026)

As of now, the Right to Disconnect is not yet a statutory right under the four Labour Codes. However, the momentum is at an all-time high:

• The Right to Disconnect Bill, 2025: This was introduced in Parliament as a Private Member’s Bill. It proposes that employees should not be subject to disciplinary action for refusing to respond after hours.
• The Reality: While Private Member's Bills rarely become law immediately, they often act as the "north star" for future government amendments.

Relatable Example: Imagine it's Sunday afternoon. Your manager pings the group chat about a Monday morning presentation. Under the proposed bill, you could legally ignore that message until 9:00 AM Monday. Under the current Codes, while you don't have a specific "disconnect" clause, the Occupational Safety, Health and Working Conditions (OSH) Code emphasizes "mental well-being" and "stipulated working hours" (usually 48 hours a week), which gives you a factual basis to push back against constant overtime.

---

Why the "Always-On" Culture is a Compliance Risk

For employers, ignoring the "Right to Disconnect" isn't just a culture problem; it’s becoming a legal risk.

1. Overtime Claims: If an employee is answering emails all night, are those hours being tracked? Under the Code on Wages, 2019, overtime must be paid at double the normal wage rate.
2. Health & Safety: The OSH Code 2020 makes employers responsible for the "health" of employees. In 2026, health is increasingly interpreted by courts to include mental health and burnout.

Moving Forward: What Can You Do?

• For Employees: Check your Appointment Letter. With the new codes, mandatory appointment letters must clearly state your working hours. Use this as your shield.
• For Employers: Don't wait for a "Right to Disconnect" law to be passed. Drafting a "Digital Wellness Policy" today under the IR Code's Standing Orders can save you from future litigation and, more importantly, keep your best talent from burning out.

Rhetorical Question: If we've modernized our taxes (GST) and our digital payments (UPI), isn't it time we modernized the way we value an employee's rest?

Disclaimer

This blog post is intended for educational and informational purposes only and does not constitute formal legal advice. The information provided reflects the status of Indian Labour Laws and Draft Rules as of January 2026. Because the application of these codes can vary based on state-specific rules and individual employment contracts, the publisher of this blog is not liable for any actions taken based on this content. For specific legal compliance or dispute resolution, please consult with a qualified legal professional or a registered Labour Law consultant.