The Right to Rest in the Workplace as a Human Right: A Comparative Analysis of India, the United Kingdom, and Japan
DOI:
https://doi.org/10.14738/abr.1411.12527Abstract
Rest is not a pause in production; it is a precondition of human dignity, health, and social participation. The right to rest and leisure is recognized in Article 24 of the Universal Declaration of Human Rights (UDHR) and Article 7(d) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), yet it is realized in practice only through domestic labour law. This paper examines how three structurally different legal orders India, the United Kingdom, and Japan translate that human-rights commitment into binding working-time rules, and evaluates the gap between formal entitlement and lived enjoyment. It argues that all three protect a minimum platform of rest, but diverge along three axes: the constitutional/human-rights status they accord to rest; the flexibility mechanisms (opt-outs, 36 Agreements, sectoral exemptions) that hollow out those floors; and the enforcement architecture. Legal recognition without an enforceable remedy and without a cultural right to disconnect leaves the right to rest largely nominal.
References
1) Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) art 24.
2) International Covenant on Economic, Social and Cultural Rights 1966, art 7(d).
3) UN Committee on Economic, Social and Cultural Rights, General Comment No 23 (2016) on the Right to Just and Favourable Conditions of Work (Article 7 of the International Covenant on Economic, Social and Cultural Rights), UN Doc E/C.12/GC/23 (2016).
4) International Labour Organization, Hours of Work (Industry) Convention, 1919 (No 1).
5) International Labour Organization, Weekly Rest (Industry) Convention, 1921 (No 14).
6) International Labour Organization, Holidays with Pay Convention (Revised), 1970 (No 132).
7) International Labour Organization, Working Time and Work-Life Balance Around the World (ILO 2022).
8) Constitution of India 1950, arts 21, 37, 42 and 43.
9) Factories Act 1948, ss 51, 52, 54–56 and 59.
10) Occupational Safety, Health and Working Conditions Code 2020 (India).
11) Code on Wages 2019 (India).
12) International Labour Organization, India Employment Report 2024: Youth Employment, Education and Skills (ILO 2024).
13) Working Time Regulations 1998, SI 1998/1833.
14) Employment Rights Act 1996, ss 23, 44 and 101A.
15) Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, SI 2023/1426.
16) Health and Safety Executive, Working Time Regulations (GOV.UK).
17) Labour Standards Act 1947 (Japan), arts 32, 34, 35, 36, 37 and 39.
18) Act on the Arrangement of Related Acts to Promote Work Style Reform 2018 (Japan), Act No 71 of 2018.
19) Act Promoting Measures to Prevent Death and Injury from Overwork 2014 (Japan), Act No 100 of 2014.
20) Ministry of Health, Labour and Welfare (Japan), Working Hours and Holidays.
21) Ministry of Health, Labour and Welfare (Japan), Measures for Working Hours.
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Copyright (c) 2026 Banala Chaitanya, D. V. N. Pradeep, Sivaramakrishna, V., Mopur Prasad, Toleti Krishna Saketh
This work is licensed under a Creative Commons Attribution 4.0 International License.
