数字时代下劳动者离线权实现路径研究

Research on the Realization Path of Workers’ Offline Rights in the Digital Age

摘要: 数字时代工作与生活边界模糊，隐形加班常态化，离线权应运而生。离线权是休息权在数字场景的延伸与补强，核心是劳动者在非工作时间有权断开工作通讯、拒绝额外任务且不受不利后果。这一权利的正当性植根于人格尊严与自主权，以及工作生活平衡的原则之中。然而，当前我国在引入离线权面临劳动基准规制与企业经营效能存在冲突、权利主体界定困难、线上加班时间难以计算等挑战。为实现离线权，应采取立法确立与劳资协商结合的路径，明确以“支配性劳动管理”为标准分层界定权利主体，覆盖典型劳动者与新业态从业者。同时，借鉴国外经验确立用人单位全面工时记录义务，破解加班举证难题。

Abstract: In the digital age, the boundaries between work and life have become blurred, and covert overtime has become a norm. Offline rights have emerged. Offline rights extend and reinforce the right to rest in the digital context. The core of this right is that workers have the right to disconnect from work communication, refuse additional tasks, and not be subject to adverse consequences during non-working hours. The legitimacy of this right is rooted in human dignity, autonomy, and the principle of work-life balance. However, in China, when introducing offline rights, there are challenges such as conflicts between labor benchmark regulations and enterprise operational efficiency, difficulties in defining the rights holders, and difficulties in calculating online overtime hours. To realize offline rights, a legislative approach combining legislation and labor negotiations should be adopted. The rights holders should be clearly defined based on the standard of “dominant labor management”, covering typical workers and new business practitioners. At the same time, foreign experience should be drawn upon to establish the obligation of employers to record comprehensive working hours, solving the problem of proving overtime.