It’s easy to fall into the habit of working after-hours, including answering emails, texts, and other forms of communication from bosses. Now, Australia is taking legal action to take the pressure off employees. The country has just passed the “right to disconnect” law, allowing people to ignore work-related communications outside their normal working hours without punishment.
The regulation does not mean employers are banned from contacting their staff after-hours. They can still do so, but now Australians have the right not to respond to inquiries or requests unless the refusal to answer is “unreasonable.” According to the Fair Work Commission, what constitutes as unreasonable disconnection depends on the nature of a job. If the contact is required by law to be available at all times, ignoring their employer is considered irrational. Other factors, like the reason for attempted contact and the worker’s level of responsibility, also play a role in deciding whether an employee’s response is necessary. In the case of an unreasonable disconnection, companies can order their workers to reply.
Employees and employers are expected to apply to the Fair Work Commission for a “stop order” or other intervention if they cannot resolve disconnect issues themselves. Those who do not comply with the rule face a fine of up to $19,000 AUD (about $12,897 USD) for an employee or up to $94,000 AUD (about $63,773 USD) for a company.
The law goes into effect on August 26, 2024, for most businesses, but will begin a year later for small businesses (companies with fewer than 15 employees).
The protections are meant to promote work-life balance in Australia, which has struggled in that area. The Australia Institute’s Centre for Future Work reported [PDF] in 2023 that the country’s average citizen worked 281 hours of unpaid overtime annually.
The legislation has received a mixed reception. Some workers in particular industries, such as those in commercial real estate and finance, feel they are expected to be plugged into their jobs 24/7, and the law will do little to change that reality. Meanwhile, others have high hopes for the change.
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