The effectiveness of the right to disconnect: a challenge for labour law

Abstract

This article analyzes the right to disconnect within the Italian legal system. After its introduction through the 2017 Smart working Act, the effectiveness of this right has been severely tested by the pandemic and emergency regulations. This article considers the attempts of the European Parliament and the European social partners to establish a right to disconnect at European level. It also examines the need to exploit the general principles of the legal system and the existing rules on working time to ensure this right to all employees.