离线权的法律属性与规则建构

The Legal Nature of the Right to Disconnect and Its Rules Construction

“离线权”通常指劳动者在工作时间之外,可断开数字工具而免于从事与工作相关的活动或通信的权利。离线权的产生是为了克服数字技术广泛使用使劳动者工作和休息边界模糊,导致劳动者工作时间过长,并带来劳动安全健康风险的挑战。离线权作为数字时代劳动者的一项数字权利,属于衍生性权利、复合性权利,也是劳动者的一项基本权利。我国职场中广泛应用现代网络通信技术,远程办公也颇为流行,有必要在立法上引入劳动者的离线权。离线权的立法应平衡工作弹性和劳动者的休息权及安全健康权保护,充分尊重集体协议或劳动合同的内容,同时应完善相关的工时制度。离线权和传统的工时制度应相互补充、相互促进,以解决我国长期以来特别是数字时代部分劳动者工作时间过长的问题。

The"right to disconnect"generally refers to the right not to engage in work-related activities or communications by means of digital tools outside working time.The introduction of the right to disconnect is aimed at overcoming the challenges posed by the wide use of digital technology,which blurs the boundaries between work and rest for workers and leads to long working hours and labor safety and health risks.As a digital right of workers in the digital age,the right to disconnect is a derivative right,a nature-mixed right,as well as a fundamental right of workers.As modern network communication technology is widely used in the workplace and telework becomes popular,it is necessary for China to introduce the right of workers to disconnect into legislation.The legislation on the right to disconnect should balance the flexibility of work and the protection of workers’rights to rest and to safety and health,fully respect the collective agreements or labor contracts reached between employers and employees,and at the same time,improve the relevant regime on working hour.The right to disconnect and the traditional regime on working hours should be made to complement and promote each other to solve the problem of long working hours faced by some workers in China for a long period of time,especially in the digital age.