DIGITAL LEASH vs. REAL RELAXATION
2026.05.14.
Does your phone vibrate at nine o’clock at night? Did you receive an email with “just a quick question” on a Saturday afternoon?
Modern technology has made it possible for our workplace to fit in our pockets, but at the same time, it has blurred the lines between work and personal life.
This is where the Right to Disconnect comes into play.
The right to disconnect does not mean that an employee is “lazy,” but rather that they have the right to be unreachable outside of working hours.
This includes:
• You are not required to check work emails.
• You do not have to answer calls from your boss or clients.
• And most importantly: you cannot face any disadvantage or retaliation for not responding after working hours have ended.
REGULATION
Although there is currently no uniform EU directive binding on all member states, the European Parliament adopted a resolution as early as 2021 urging such regulation. The legal basis is EU Directive 2003/88/EC, which concerns the organization of working time and minimum requirements for rest periods. The message is clear: rest is part of an employee’s right to health.
In Hungary, there is no specific “Rest and Relaxation Act,” but the Labor Code (Act I of 2012) indirectly regulates the matter quite extensively:
- Rest Periods (Labor Code, Sections 104–106): The law specifies the duration of daily and weekly rest periods. During this time, the employee is not required to work unless they have been lawfully ordered to perform extraordinary work (overtime) or to be on call (standby duty).
- Respect for private life (Labor Code, Section 9): The employer may monitor the employee only in matters related to the employment relationship and may not unreasonably restrict the employee’s use of free time.
PRACTICE
International examples: Who is leading the way?
- France: They were the pioneers. Since 2017, a law has required companies with more than 50 employees to establish internal policies governing the use of digital devices outside of working hours.
- Italy and Spain: Similar regulations have been introduced, emphasizing that remote work (smart working) does not mean constant availability.
- Portugal: The situation here is quite strict: employers can even be fined if they “disturb” an employee outside of working hours.
Is there already domestic practice?
Although lawsuits specifically “due to emailing” are still rare in Hungarian courts, legal practice is clear: if an employer expects availability after working hours, this may be considered on-call duty, for which compensation is due.
An increasing number of large domestic companies (primarily in the banking and telecommunications sectors) are already stipulating in their internal codes of ethics: “We do not send emails after 6 p.m. or on weekends, and if we do, we do not expect a reply.”
Our professional advice to employers
Burnout is not only bad for the employee but also a loss for the company.
It is worth establishing clear rules:
- It is advisable to clarify the limits of availability in employment contracts or internal policies.
- Use the scheduled sending feature for emails.
- Introduce “digital detox” hours when immediate availability is not expected.
