Czas pracy a prawo do bycia offline – analiza w świetle koncepcji „non-use of technology” w prawie polskim i unijnym

Abstract

The development of technology undoubtedly affects the way work is performed. New digital tools significantly influence the performance of work, on the one hand introducing flexibility and new opportunities, but also leading to the blurring of boundaries between the professional and private spheres. The increasingly widespread use of digital tools – including communication and monitoring applications – creates new challenges in the area of employee privacy protection and the realization of the right to rest. In this context, growing emphasis is placed on the concept of non-use of technology, which denotes the right to refrain from using technology in the name of autonomy and well-being, as well as on the right to disconnect, understood as the employee’s entitlement to be unavailable outside working hours. Both concepts complement each other and may constitute an element of employee rights protection. The aim of this study is to present the essence of the right to disconnect and its connection with working time and the right to rest, as well as to indicate the extent to which EU and Polish regulations provide protection against the culture of permanent availability. The analysis encompasses legal acts, case law, and scholarly literature, which allows for an assessment of whether the right to disconnect should be regarded as an instrument supplementing traditional labour law provisions in the context of advancing digitalization.