Australian workers now have legal protection against work-related intrusions into their personal time, thanks to a newly implemented “right to disconnect” law.
This regulation, which took effect on Monday, ensures that employees cannot be penalized for ignoring work emails, texts, or calls outside of their official work hours.
The law is a response to the increasing overlap between professional and personal lives, a trend that has intensified since the COVID-19 pandemic blurred the lines between home and the workplace.
Advocates of the policy argue that it empowers employees to reclaim their personal time without fear of repercussions, pushing back against the growing expectation to remain available beyond the workday.
“Before we had digital technology there was no encroachment, people would go home at the end of a shift and there would be no contact until they returned the following day,” said John Hopkins, an associate professor at Swinburne University of Technology.
“Now, globally it’s the norm to have emails, SMS, phone calls outside those hours, even when on holiday.”
In 2023, Australians clocked an average of 281 hours of unpaid overtime, with the Australia Institute estimating this time’s worth at approximately A$130 billion ($88 billion).
Australia has now joined a select group of around 24 countries, primarily across Europe and Latin America, that have enacted similar “right to disconnect” laws.
France was a trailblazer in this area, introducing such legislation in 2017. A notable enforcement of this law occurred the following year when Rentokil Initial faced a €60,000 ($66,700) fine for demanding constant availability from an employee.
Rachel Abdelnour, an advertising professional, welcomed the new regulations, noting that they would significantly enhance her ability to unplug from work, particularly in an industry where client schedules often diverge from traditional working hours.
“I think it’s actually really important that we have laws like this,” she told Reuters.
“We spend so much of our time connected to our phones, connected to our emails all day, and I think that it’s really hard to switch off as it is.”
REFUSALS MUST BE REASONABLE
The new regulations in Australia include provisions for handling emergencies and roles with unconventional hours, allowing employers to reach out to their employees. Workers, however, can refuse to respond if the request is deemed unreasonable.
The Fair Work Commission (FWC) will be responsible for determining what constitutes a reasonable refusal, taking into account the employee’s job responsibilities, personal situation, and the nature of the contact.
The FWC has the authority to enforce compliance through cease and desist orders and can impose fines up to A$19,000 for individuals and A$94,000 for businesses.
Despite these measures, the Australian Industry Group, representing employers, argues that the lack of clarity in the application of these rules could lead to confusion and reduced workplace flexibility. They warn that this could potentially hinder economic progress and impact business operations
“The laws came literally and figuratively out of left field, were introduced with minimal consultation about their practical effect and have left little time for employers to prepare,” the group said on Thursday.
The president of the Australian Council of Trade Unions Michele O’Neil said the caveat built into the law meant it won’t interfere with reasonable requests. Instead, it will stop workers from paying the price for poor planning by management, she said.
She cited an unidentified worker who finished a shift at midnight, only to be texted four hours later and told to be back at work by 6 a.m.
“It’s so easy to make contact, common sense doesn’t get applied anymore,” she said.
“We think this will cause bosses to pause and think about whether they really need to send that text or that email.”