Australian employees can now ignore work-related intrusions into their personal lives, thanks to a new “right to disconnect” law aimed at curbing the encroachment of work emails and calls after hours.
This rule, which took effect on Monday, generally protects employees from being penalized for not responding to employer contacts outside of working hours.
Advocates argue that the law empowers workers to push back against the growing intrusion of work into their personal time, a trend exacerbated by the blurred lines between home and work life since the COVID-19 pandemic.
John Hopkins, an associate professor at Swinburne University of Technology, noted that before the advent of digital technology, employees could disconnect from work after a shift, but now it’s common to receive emails, texts, and calls outside of working hours, even during holidays.
In 2023, Australians worked an average of 281 hours of unpaid overtime, valued at A$130 billion ($88 billion), according to a survey by the Australia Institute.
Australia joins a group of roughly two dozen countries, mainly in Europe and Latin America, with similar laws. France, a pioneer in this area, introduced its rules in 2017 and subsequently fined a company 60,000 euros for requiring an employee to always be available by phone.
However, the law does allow for employer contact in emergencies or jobs with irregular hours, with employees permitted to refuse only if it is reasonable to do so.
The Fair Work Commission (FWC) will determine the reasonableness of a refusal, considering the employee’s role, personal circumstances, and the nature of the contact.
Despite the new protections, the Australian Industry Group has raised concerns about potential confusion and the impact on job flexibility, which it argues could slow the economy.
Meanwhile, the Australian Council of Trade Unions’ president, Michele O’Neil, believes the law will prompt employers to think more carefully about contacting employees outside of work hours, helping to prevent poor management practices from imposing unfair burdens on workers.
