摘要
長時工作之議題已為許多國家所重視並致力改善。從工業革命開始，帶動社會主義者與受僱者對於工時制度爭取之觀念，歷經波折與悲劇，始促成今日以受僱者健康為前提之法律規範。惟因科技進步，ICT發展帶來生活之便利性，工作數位化逐漸取代某些傳統職務之工作模式；加上受到COVID-19疫情之影響，遠距工作與居家辦公之比例大幅增長，受僱者隨時隨地能與工作連線，其工作任務不再僅囿限於雇主指定之場所方能完成。 數位化工作模式優勢，係為雇主節省部分經營成本，受僱者亦減少通勤之時間與支出，看似受益於勞資雙方之情形。惟從工作時間相關制度發展文獻，以及國際宣言與國際公約對受僱者休息權之保障出發，發現各國對工作時間定義之共通，係受僱者為雇主之利益，因受指揮監督而被拘束之時間，即可被認定「工作時間」，至於待命時間與工作前之準備狀態，亦屬之。如此，受僱者倘由於ICT發展，執行數位化工作，長時處於類似待命之狀態，造成受僱者工作與個人時間混淆不清。休息時間即使未有實際提供勞務，仍然承受心理煎熬。致使受僱者因工作壓力日積月累地侵蝕身心，促發健康不良反應，包括各種症候群以及過勞、過勞死或過勞自殺。 各國為改善受僱者高工時，而開始提倡「離線權」之立法，各國按其社會文化之不同，分別採以剛性（例如：德國反壓力法）與柔性（例如：法國離線權）之執行方式，惟無論何種方式，其最終目的均為保護受僱者休息權，以及維持工作與生活之平衡。 關鍵詞：工作時間、ICT發展、過勞、離線權、休息權、工作與生活平衡
並列摘要
The issue of long working hours has been paid attention to by many countries and is committed to improving. Starting from the Industrial Revolution, socialists and employees fought for the concept of the working hours system. After twists and turns and tragedies, it led to today's legal norms based on the health of employees. However, due to the advancement of science and technology, the development of ICT has brought convenience to life, and the digitalization of work has gradually replaced the work mode of some traditional positions; coupled with the impact of the COVID-19 epidemic, the proportion of remote work and home office has increased significantly, and the employed Workers can connect with work anytime, anywhere, and their work tasks are no longer limited to places designated by employers. The advantage of the digital working model is that it saves part of the operating costs for the employer, and the employees also reduce the time and expenses of commuting, which seems to benefit both the employer and the employee. However, starting from the literature on the development of working hours, as well as the protection of employees' right to rest in international declarations and international conventions, it is found that the common definition of working hours in various countries is that employees are bound by command and supervision for the benefit of employers. Time can be identified as "Working Hours", as well as standby time and preparation status before work. In this way, the ICT development makes an employee works with digital equipment, and is in a state of being on standby or on-call for a long time, the boundaries of one's working and personal hours are lost. And even if the employee does not actually provide labor in the rest time, he still suffers from psychological suffering. Resulting in Employees are eroded physically and mentally due to work pressure over time, leading to adverse health reactions, including various syndromes and overwork, overwork death or overwork suicide. In order to improve the problem of high working hours, various countries have begun to legislate the Right to Disconnect to protect employees' right to rest and leisure. According to their different social cultures, countries adopt rigid (such as Anti-pressure law in German) and flexible (such as the Right to Disconnect in French) respectively. Regardless of the method, however, the goal is to protect the employees' right to rest and leisure, and balance work and life further. Keywords: Working Hours, ICT Development, Burnout, Right to Disconnect, Right to Rest and Leisure, Work-Life Balance