As technology continues to blur the distinction between workplace and home, this legislation seeks to create definitive boundaries for employees, ensuring they are not required to engage in work-related communication outside of their designated working hours.

 

What is the Right to Disconnect law?

The laws, part of a broader reform to the Fair Work Act, empower employees to refuse after-hours communication from their employers.

Prime Minister Anthony Albanese’s centre-left Labour government pushed through this legislation, with the Prime Minister emphasising the importance of mental health, noting that just as employees aren’t paid 24 hours a day, they shouldn’t be expected to work around the clock. According to Albanese, this change is crucial for allowing workers to disconnect from their professional duties and reconnect with their personal lives.

Why was this law needed?

As technology increasingly blurs the lines between work and home, this legislation aims to establish clear boundaries for employees, ensuring they are not obligated to engage in work-related communication outside their designated hours.

These lines became even more blurred during the Covid-19 pandemic which saw the majority of employees working from home. While this provided flexibility it also led to people working overtime.

A survey conducted by Swinburne University of Technology, Australia, last year found that on average 281 hours of unpaid overtime in 2023, with an estimated labour value of A$130 billion.

Who does the law apply to?

The law will apply to most ‘national system employees’ from 26 August this year, with small businesses required to comply from the same date in 2025. Similar regulations exist in more than 20 countries, primarily in Europe and Latin America, indicating a global recognition of the importance of work-life balance.

Reasonable vs unreasonable work calls

The new laws do not outright ban employers from contacting their staff outside working hours. Instead, they provide workers with an enforceable right to ignore these communications unless their refusal is considered unreasonable.

Factors that will be considered in determining whether a refusal is unreasonable include the reason for contact, the method of communication, the disruption caused to the employee’s personal life, any compensation provided, and the nature of the employee’s role.

 

This flexibility embedded in the law ensures that it can adapt to various workplace scenarios.

What criticism has the Right to Disconnect law faced?

Despite its benefits, Australia’s Right to Disconnect law has faced criticism, particularly from business leaders concerned about its potential impact on flexibility and productivity. When the bill was first introduced in February of this year, a joint statement from the CEOs of Australia’s chambers warned that the legislation could hinder business operations and discourage flexible work arrangements, especially for women juggling family responsibilities.

They argued that modern technology, while enabling constant communication, also provides the flexibility many workers need. The CEOs stressed that the law could also discriminate against employees advocating for their right to disconnect, potentially harming their career prospects.

What happens if an employer doesn’t agree?

Disputes arising from these new rules should ideally be resolved between employers and employees. If they are unable to reach an agreement, the Fair Work Commission (FWC) can intervene.

The FWC has the authority to issue orders preventing employers from contacting employees after hours, or conversely, requiring employees to respond if their refusal is deemed unreasonable. Non-compliance with these orders could result in significant fines of up to A$19,000 for an employee or up to A$94,000 for an employer.

Can the law actually work?

Despite the legislation’s potential to reshape work-life boundaries, some workers remain sceptical about its practical impact. Cultural attitudes towards work may still pressure employees to stay responsive to after-hours communication, particularly in high-pressure industries. Media reports argue that this cultural shift is necessary to ensure employees feel comfortable setting boundaries and fully utilising their right to disconnect.

What other countries have ‘Right to Disconnect’ law?

Australia is not alone in recognising the need for such legislation. France was the first country to implement a Right to Disconnect law in 2017, requiring companies to create clear guidelines for after-hours communication. Other countries, including Ireland, Luxembourg, and several in Latin America, have since followed suit, each tailoring the concept to their unique work cultures.

In some countries, such as Greece, the law goes even further, mandating that employees refrain entirely from work during non-working hours. In contrast, while nations like Sweden, Germany, and the Netherlands lack formal legislation, it is culturally uncommon for employers to contact employees after hours.

Does India have a ‘Right to Disconnect’ law?

The short answer is no. India has also explored similar protections with the Right to Disconnect Bill of 2018, introduced by MP Supriya Sule. However, this bill has yet to gain significant legislative traction.

While this legislation is a positive step forward, its success will depend on how it is implemented and whether it can inspire the cultural change needed to truly disconnect workers from their professional obligations when they clock off.

First Published: Aug 26 2024 | 1:04 PM IST