数字时代劳动者离线权的保障

Protection of Workers’ Right to Disconnect in the Digital Age

摘要: 随着互联网技术的迅猛发展及电脑、平板、手机等电子设备的全面普及，技术在大幅提升劳动效率的同时，也衍生出显著问题：不少雇主要求劳动者在非工作时间履职，甚至鼓励无偿加班、实时回复信息，催生出“永远在线”“996”等职场文化现象。作为弱势群体的劳动者，逐渐异化为超负荷运转的“齿轮”，实际劳动时间远超法定或约定工时，而这一现象在用人单位“私权力”的隐性支配下，变得难以拒绝且隐蔽性强。此类情形不仅剥夺了劳动者的休息权，模糊了工作与生活的界限，更对其身心健康构成威胁。“离线权”由此应运而生，且已被部分国家纳入法定权利范畴。我国对劳动者离线权的保障机制关注不足，但探究离线权的制度内涵与实践价值具有迫切性。结合我国当前离线权理论研究与实践探索尚不充分的现状，现阶段宜以法律解释论为主要实现路径。待立法条件成熟时，可在法律中明确规定离线权，以适配数字时代劳动关系的新需求。

Abstract: With the rapid development of internet technology and the comprehensive popularization of electronic devices such as computers, tablets and mobile phones, technology has greatly improved labor efficiency while also giving rise to prominent problems: many employers require workers to perform their duties during non-working hours, and even encourage unpaid overtime and real-time response to messages, fostering workplace cultural phenomena such as the “always-on” norm and the “996” work schedule. As a vulnerable group, workers have gradually been reduced to overloaded “cogs”, with their actual working hours far exceeding the statutory or agreed working hours. Concealed by the covert domination of employers’ “private power”, this phenomenon is difficult to refuse and highly obscured. Such circumstances not only deprive workers of their right to rest and blur the boundaries between work and life, but also pose a threat to their physical and mental health. Thus, the “right to disconnect” has emerged as a response and has been incorporated into the scope of statutory rights in some countries. In China, insufficient attention has been paid to the protection mechanism of workers’ right to disconnect, yet exploring the institutional connotation and practical value of this right is an urgent task. Considering the current situation in China where theoretical research and practical exploration of the right to disconnect remain inadequate, the primary approach to its realization at this stage should be legal interpretation theory. When legislative conditions mature, the right to disconnect may be explicitly stipulated in law to meet the new demands of labor relations in the digital era.