Right to Disconnect of Employees Outside Working Hours under Thai Labor Law

Abstract

The problem of communication outside working hours is a significant issue in today’s workforce. As communication becomes more convenient and faster, there is an increase in work-related interactions during non-working hours. Employees are often required to work beyond their scheduled work times. Employers can contact and instruct employees via telephone, email, and various mobile applications. Particularly during the Coronavirus Disease 2019 (COVID-19) epidemic, working from home, which is different from normal operations, has made it more difficult to disconnect from work-related communications. This situation impacts employees’ rights to privacy, rest, and occupational health and safety. Moreover, while the Labor Protection Act B.E. 2541 does guarantee and protect the right to disconnect, it does not adequately cover all employees. Other labor laws also lack guarantees and protections regarding this right. The purpose of this article is to assess whether the right to disconnect is appropriate and sufficient, and to explore ways, forms, or suitable methods for developing laws that adequately guarantee and protect such rights. One proposed solution is the issuance of ministerial regulations under the Occupational Safety, Health, and Environment Act B.E. 2554 to establish standards that balance work time and personal time for both employees and employers, without unduly infringing on the rights of either party.