*Update 12.04.2024: On the processing of personal data: the European Data Protection Supervisor (EDPS) European Commission’s use of Microsoft 365 infringes data protection law for EU institutions and bodies.* Original article: There’s a difference between the right to disconnect as presented in the working time and hybrid working (WTHW) decision and the reality for those being ‘encouraged’ (voluntold/expected)  to join messaging groups on their private mobile for ‘business continuity’. See our recent communication on this topic. The right to disconnect is in the 2022 WTHW decision and also its 2023 evaluation where it is acknowledged that more needs to be done.

‘6. Line managers and other staff may not contact staff or request them to work from 19.00 to 8.00 (‘disconnection period’), except in any of the following cases:
a) emergency;
b) preagreement;
c) where the nature of the work or tasks require availability during such hours.

Information and/or emails received by the staff member which do not require their immediate reaction or are not specifically addressed to them shall not be considered to be a contact referred to in the first subparagraph. The same right to disconnect shall apply at weekends, on public holidays and during the staff’s annual leave or other types of leave.'(Article 5(6), WTHW Decision)

Nevertheless, workloads are still growing and the line between work and private life are increasingly blurred. Use your private mobile for work calls? Share your private mobile number with team and department? We at Generation 2004 are convinced that more needs to be done by the Commission to address the issues of digital overload, mental health and the obligation felt by many to be always available. Where is the concrete action?

‘Therefore, staff should be actively discouraged to work during the disconnection period. Moreover, line managers are called upon to be more careful when requesting staff to work during the disconnection period, to prevent unnecessary health risks.’ (WTHW evaluation p. 16)

The business-continuity issue outlined above appears to be very similar to the long-standing ‘voluntary’ standby duty situation. We encourage anyone who finds themselves being pushed to participate to ask for clarification and get written evidence (use the template in the communication above or an earlier edition). Read around the topic and check the Central Staff Committee communications:

Sources added 14.12.2023 for context only, we are neither agreeing with nor promoting their content.

DGT (standby duty guidelines/20.2.2023)

DGT (Myintracom page)

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the use made in 2020 by the institutions of Council Regulations No 495/77, last amended by Regulation No 1945/2006 (on standby duty), COM(2022) 42 final, 14.02.2022

Working time and hybrid working (decision and FAQ)

‘Do I have to be connected all the time between 8.00 and 19.00 or be reachable?

No. This timeframe is to be understood as a recommended schedule within which you should perform your standard 8 working hours. Staff are not expected to be on standby duty when they are not working during certain hours in this working timeframe.’ (FAQs)

As always, we would love to hear from you. Please do not hesitate to get in touch with us or leave a comment below.

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Obsolete updates:

Update 14.12.2023 we have added additional sources for context below.