Australia’s right to disconnect laws for non-small business owners have now come into effect. 

It means Australians will have the legal right to ignore all work communications out of working hours when deemed reasonable. 

So what does it mean and what are your rights?

What is the right to disconnect?

This means that outside their working hours, employees can refuse to monitor, read or respond to contact or attempted contact from:

• their employer, or
• another person if the contact is work-related (for example, work-related contact from clients or members of the public)

Who do the new laws apply to?

It applies to all Australian businesses with over 15 employees.

So wait, can employers no longer contact staff after hours at all?

Not quite. 

The law will not restrict managers from contacting employees whenever they wish.

But it does give employees the right to refuse to monitor, read or respond to contact from their employer outside work hours unless that refusal is deemed unreasonable. 

For example, a manager can send an email after work hours but the employee is not obliged to respond unless it is deemed ‘reasonable’ for them to do so. 

Rulings over the “reasonableness” of an employee refusing to respond to work communications out of hours will ultimately be determined by the Fair Work Commission.

When is the employee’s refusal unreasonable?

The employee’s refusal to monitor, read or respond to contact or attempted contact will be unreasonable if the contact is required by law. 

If it is not required by law there are certain matters to consider when deciding if the employee’s disconnection is unreasonable. 

These are:

• the reason for contact.

• how the contact is made.

• how much disruption the contact causes the employee.

• any compensation the employee receives to be available to work when the contact is made or to work outside their ordinary hours.

• the employee’s role and their level of responsibility.

• the employee’s personal circumstances, including family and/or caring responsibilities.

What are the penalties?

If an employee raises concerns regarding an employer’s continuous contact out of work hours, the employer could receive a fine of $18,000. 

What if there is a dispute?

Disputes about an employee’s right to disconnect should first be discussed and resolved at the workplace level.

If that isn’t possible, employees or employers can go to the Fair Work Commission to deal with a dispute.

You can read more about that on the FWC’s right to disconnect disputes page. 

Do they do this overseas?

Other countries have adopted right to disconnect laws of varying degrees in the past few years. 

France is a pioneer, making it mandatory for companies with more than 50 employees to establish parameters for after-hours communication in 2016. 

Other countries that have adopted such laws are Belgium, Italy, Luxembourg, Spain, Slovakia, Argentina, Chile, Mexico, Ireland and the Philippines. 

What about small businesses?

There is a little more time for small businesses in Australia. 

The laws for small businesses will come into effect August 26, 2025.