A Study on Legislation of the Right to Disconnect from Work outside of Working Hours
Bibliographic record
Abstract
This article deals with a comparative legal analysis of legislative status in Australia, Ontario(Canada), France and Germany in relation to the right to disconnect from work outside of working hours. It also proposes a bill to introduce such a right into the Labor Standards Act. The conclusions of this article are as follows.BR/ First, the review of legislative status in these countries confirms that the Australian approach provides the best protection for the so-called the right to disconnect(“the R2D”). However, the legislation is also considered to be somewhat incomplete from the perspective of dispute prevention, as it is open-ended in terms of determining whether it is unreasonable for an employee to refuse to connect with an employer or third party outside of working hours.BR/ Second, the constitutional basis for the R2D is the right to rest and the right to health. The right to rest is a fundamental right recognised under the right to pursuit of happiness, Article 32(3) of the Constitution of the Republic of Korea, and the right to health is a fundamental right recognised under the right to pursuit of happiness, Article 32(3) and Article 36(3) of the Constitution of the Republic of Korea.BR/ Third, the need for legislation on the R2D based on these fundamental rights is fully justified when one considers the potential erosion and threat to employees’ ‘sustainable work’ resulting from the ‘hyperconnectivity’ caused by the rapid development of ICTs.BR/ Fourth, this article proposes a bill tailored to our legal situation based on a sample formulation on the R2D proposed by Stück lawyer et al. in Germany. What is particularly important here is that the legislation should also reflect the business necessity of employers to contact employees outside of working hours. Accordingly, the bill stipulates that an employee shall have the right to refuse to comply with an employer’s instructions through information and communication devices outside of working hours. The bill also stipulates that an employer shall have the right to use information and communication devices to contact or instruct an employee during outside of working hours when it is necessary to contact the employee urgently due to unavoidable circumstances. In order to ensure the effective protection of this right, the bill also proposes the imposition of criminal penalties and fine for negligence in certain cases.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.018 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.003 | 0.004 |
| Science and technology studies | 0.009 | 0.017 |
| Scholarly communication | 0.008 | 0.005 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".