劳动者离线权的理论证成与制度设计

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中图分类号：D922.5 文献标识码：A D0I：10.7535/j.issn.1671-1653.2025.04.009

Theoretical Proof and Institutional Design of Workers Right to Disconnect

KONG Dongju，LI Tianxin

（Schoolof PublicManagement&.Law，Anhui Universityof Technology，Ma’anshan 243oo2，China）

Abstract： Under the digital office mode，the construction of workers’ right to disconnect system highlights the idea of human rights protection in China’s new era，which is in line with the socialist concept of fairness and justice. It is not only conducive to achieving the value goal of "work-life" balance for workers in the digital environment，but also provides adjustment space for the contradiction between workers’rest and vacation and employers'human employment. In terms of specific design，under the current labor law system in China，by amending the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China，the general clauses on workers' right to disconnect can be added，and the specific content of workers' right to disconnect can be regarded as a part of the labor contract，which can be negotiated between the employers and the workers. At the same time，workers' right to disconnect should be included in the scope of collective negotiation and labor security supervision，and the rules of proof in disputes over workers' right to disconnect should be improved to effectively protect the legitimate rights and interests of digital office workers.

Keywords：workers；right to disconnect；right to rest；labor contract；digital office

数字技术的发展推动了传统工作模式的转型革新。（剩余14387字）