A Comparative Study of the Right to Disconnect with Policy Recommendations for Vietnam
Abstract
This study examines the emerging right to disconnect in the digital workplace by comparing the legal frameworks in France, Belgium, Spain, Italy and Australia, and assesses the need for similar protection in Vietnamese law. These countries were selected as they represent diverse legal traditions (civil law and common law) and have enacted right to disconnect legislation. Using a comparative legal analysis method based on primary law sources, this study examines that France and Belgium require enterprises to issue internal agreements or regulations on the right to disconnect; Spain and Italy combine this right with data protection and flexible working regulations; while Australia clearly stipulates the right to refuse out-of-hours communications in law, along with dispute resolution mechanisms and sanctions. In contrast, the 2019 Vietnamese Labor Code does not recognize the right to disconnect or restrict out-of-hours communications. Based on best practices, the author proposes recommendations for Vietnam to define the right to disconnect, clarify exceptions, align overtime compensation with KPI systems, and embed sanctions for non‑compliance. The novelty of this study lies in integrating recent Australian legal reforms into a cross-system comparative analysis, thereby proposing a model that is appropriate to the legal context and corporate culture in Vietnam. The findings can inform Vietnamese policymakers in drafting effective statutory provisions and better protect the mental health of workers, improve the effectiveness of human resource management, and approach international labor law trends.
Keywords: right to disconnect, comparative, policy recommendations.
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