学术争鸣
田土城, 杨青源
探索与争鸣.
2023(12):
63-71.
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.