this post was submitted on 18 Nov 2024
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EU has delegated (?) acts mandating that every EU country transfers to local laws the "right to disconnect" with which every company needs to have a policy that prohibits them contacting their employees outside of work time (which ofc includes vacations) ... except "in emergencies" (along with communication channel sequence) ... which arent super defined but should be along the lines of preventing/avoiding damages in extraordinary situations.
And that employees can't be punished for ignoring any communication outside of work hours in any case.
There is a delegated act on the way that may find its way into law, but it's likely that it won't get that far (like many EU laws) because they move a lot slower than local laws, and because not all countries agree (or agree to a larger extent). It's also worth noting that the EU != Europe, so there will be several counties in and out that will have their own vested interests in passing/not passing this as law. Ireland is a big one, as they heavily rely on tech investment, whereas France will likely go above and beyond anything the EU will cook up. I believe Belgium in particular beat everyone to this.
They have certain history.
No, delegated acts are law for all EU members directly, directives have to be implemented via local laws.
But EU bureaucracy works, it's a process but it does the job, they work via public consolations with member states & private sectors (companies) on legislations, and it really shows (in amendments too - especially once in force practices show which areas need more considerations & which simplifications).
And the right to disconnect is what most countries had as some base legacy laws, but now it's setup up in a common way.
They do not have to be implemented. Each country in the EU is open to interpret a directive as they wish, as long as they reach a desired outcome that doesn't fly against the directive. As such, directives are often referred to as "soft laws" because they're loose enough that direct opposition is challenging. An EU regulation, on the other hand, needs to be added to national law.
I agree that EU bureaucracy works really well, mostly because it's loose enough to avoid countries directly challenging it. Ireland being considered a low tax haven is a good example of this, in that a directive allowed them to meet tax requirements while also ensuring that they can house many F500 companies in a relatively small area of Dublin.
Afaik (but Im no legal expert) only EU 'delegated acts' are laws regardless of local law, so I assume right to disconnect isn't this.
And no, directives as delegated acts can be very exact, with calculations/methodologies, public or non-public reporting systems, exact customer disclosures, etc.