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If your boss is ringing after hours.
You no longer have to pick up – as workers in Australia now have an official right to disconnect, as Workplace Relations Minister Murray Watt explains.
“We all understand the benefits of technology, the mobile phones, the text messages, the emails. But we have to recognise sometimes they have a downside, especially when it comes to the intrusion that technology can have on people’s private lives outside working hours.”
It’s part of a package of workplace relations reforms passed by the government earlier this year, which redefine casual work, and impose minimum standards for some gig-economy workers.
Workplace law expert from the University of Technology Sydney, Associate Professor Giuseppe Carabetta says the right will allow workers to refuse contact.
“An employer can contact you, and third parties can contact you outside of those hours. But an employer can’t, for example, discipline you if you reasonably refuse to respond to the contact.”
There are some exceptions – Professor Carabetta says there’s not an exclusive list, but a range of considerations.
“In particular, the nature of the contact, so why the contact occurred. Secondly, the means by which it occurred, so did it occur via a mobile phone, for example, on a Sunday call, or did it occur via email? So instantaneous versus not so instantaneous, that kind of thing. Thirdly, quite obviously, the nature of the call, the contact. So is it in relation to an emergency situation? Fourthly, the nature of your job. So are you a senior person who’s expected to take such calls? Are you more particularly, are you compensated to be contactable outside of ordinary working hours.”
The rule won’t apply to businesses with less than 15 employees.
And if your boss is contacting you too often outside working hours, you can take the complaint to the Fair Work Commission.
Professor Carabetta says the first thing to do is to have a conversation.
“First thing you’re meant to do is have a discussion about it. You should have a discussion about expectations and about maybe getting some clarity on that issue. But you know, if push comes to shove, you can actually go to the commission, and if there’s a dispute, the Commission can arbitrate the dispute so it can make a binding decision.”
The fines for employers who don’t uphold the right are up to $18,780 for an individual or $93,900 for an organisation.
The right to disconnect has been cautiously welcomed by some in Australia.
“I think it’s an excellent idea. I hope it catches on. I doubt it’ll catch on in our industry, to tell the truth though.”
“I think it’s actually really important that we have laws like this. 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.”
“I think it’s on the corporations to adopt and embrace them. I think if you set the right pace and culture within a workforce, it’s going to give the right result.”
But concerns remain for many businesses across the country.
Chief Executive of the Australian Chamber of Commerce and Industry, Andrew McKellar, says it will reduce productivity.
“We’re concerned that this, combined with other measures that have been introduced today, will be and for productivity, it will mean there’s less flexibility in the workplace, it won’t improve communications between businesses and their employees.”
Opposition Leader Peter Dutton vowing to repeal the laws in the future.
“Most employers do the right thing by their employees and where they don’t, there are existing laws to make sure that there are penalties that apply. But, at the moment, I think the Government’s creating an environment of animosity and tension between employers and employees where it doesn’t need to exist.”
For Professor Carabetta, he hopes the laws will make Australia a more relaxed place to work.
“I’ve spent the last 10 years talking about unreasonable work hours and how we’ve gone from really chilled culture in Australia, when my parents, say, migrated to, you know, being overworked and it’s kind of reached crisis point. I was going to be optimistic about it, I think what it’ll do is it’s symbolically huge, and it’s going to get employers attention. And optimistically, I hope that employers start to, you know, clarify in policies, clarify in employment contracts.”
