摘要：

The rapid development of instant communication technology in the digital age, while providing convenience to people’s lives and work, has also led to a increasingly blurred boundary between the two. The actual working hours of workers have been extended, which has led to tense labor relations and even conflicts. In this context, the concept of “Right to Offline” has received widespread attention, with the aim of protecting workers from being disturbed outside of work and redefining the boundary between work and life. Observation has found that current research mainly focuses on the social significance and normative construction of “Right to Offline”, but there is no consensus on its rights attributes and the necessary limits of its intervention in practice. Excessive intervention of the “Right to Offline” in daily life may further deteriorate the work environment, increase judicial pressure and other negative effects. Therefore, it is necessary to clarify its rights attributes, and explain the timing and conditions of its intervention in practice, as well as the basic principles and methods that should be followed in the process of seeking legal redress, based on the development trends of China’s labor market.

关键词:

日常生活, 新型权利, 离线权, 休息权, 生活安宁权

Abstract:

数字时代即时通信技术的迅猛发展，在便捷人们生活和工作的同时，也导致了两者的边界日益模糊，劳动者的事实工作时间被延长，并由此引发了劳资关系紧张甚至冲突。在此背景下，“离线权”的概念受到广泛关注，其目的在于保障劳动者在工作之余不被打扰，为工作和生活重新划定边界。观察发现，目前的研究主要聚焦于“离线权”的社会意义和规范构造，对其权利属性以及介入实践的必要限度尚未达成共识。“离线权”过度介入日常生活，可能会进一步带来职场环境恶化、司法压力增大等负面影响。因此，有必要在廓清其权利属性的基础上，根据我国劳动力市场的发展趋势，对其介入实践的时机和条件，及其在权利救济途径中所应遵循的基本原则和方法进行必要阐释。

Key words:

daily life, new rights, right to offline, right to rest, right to tranquility of life