Australia enforces 'right to disconnect' law for employees

Australia enforces 'right to disconnect' law for employees
26 Aug 2024

Australia has enacted a new law, known as the "right to disconnect," that allows employees to ignore work-related communications during their personal time.

This legislation, effective from today, protects workers from any disciplinary action for not responding to their employers outside of working hours.

The law is seen as a significant step toward preventing the intrusion of work into personal lives through emails and calls.

Law addresses work-life balance challenges
Balance restored

The "right to disconnect" law is a response to the increasing encroachment of work into personal lives, a trend that has intensified due to the COVID-19 pandemic blurring the line between home and work.

John Hopkins, an associate professor at Swinburne University of Technology, noted that before digital technology became prevalent, there was no such intrusion.

However, now it's common for employees to receive emails and calls outside working hours or even during holidays.

Unpaid overtime in Australia prompts new law
Overtime issue

A 2023 survey by the Australia Institute revealed that Australians worked an average of 281 hours of unpaid overtime, valued at AUD130 billion ($88 billion).

The new law aims to address this issue by giving employees the right to disconnect from work-related communications during their personal time.

Rachel Abdelnour, an advertising professional, welcomed the changes as a necessary step toward maintaining a healthy work-life balance in industries where clients often operate on different schedules.

Australia joins countries with similar laws

With this new legislation, Australia joins approximately two dozen countries, primarily in Europe and Latin America, that have enacted similar laws.

France was the first to introduce such rules in 2017 and later fined a company €60,000 ($66,700) for requiring an employee to be constantly available on his phone.

The Australian law does allow for exceptions in emergencies or jobs with irregular hours but ultimately leaves the decision up to the Fair Work Commission.

Fair Work Commission to oversee law enforcement
Law enforcement

The Fair Work Commission, Australia's industrial arbitrator, will determine whether an employee's refusal to respond is reasonable.

The commission can issue cease and desist orders and impose fines of up to AUD19,000 for an individual or AUD94,000 for a company.

However, the Australian Industry Group has expressed concerns about potential confusion due to ambiguity in how the rule applies and fears that it could lead to less flexible jobs and slow economic growth.