Right To Disconnect Law In Australia: Are you getting work texts on the weekend or emails after hours? Australian employees now have a new “right to disconnect” law to protect their personal time. Starting Monday, this rule means employees generally cannot be penalized for ignoring work calls or emails outside their regular working hours.
Supporters say the law helps workers resist the constant intrusion of work emails, texts, and calls into their personal lives, a problem that has worsened since the COVID-19 pandemic blurred the line between home and work.
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John Hopkins, an associate professor at Swinburne University of Technology, said, “Before digital technology, there was no intrusion. People would leave work at the end of their shift and not be contacted until they returned the next day. Now, it’s common worldwide to receive emails, texts, and phone calls outside of work hours, even during holidays.”
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In 2023, Australians worked an average of 281 hours of unpaid overtime, according to a survey by the Australia Institute. This unpaid work was estimated to be worth A$130 billion ($88 billion).
Australia joins about two dozen countries, mostly in Europe and Latin America, that have similar laws. France was the first to introduce such rules in 2017 and later fined pest control company Rentokil Initial 60,000 euros ($66,700) for requiring an employee to always keep their phone on.
Rachel Abdelnour, who works in advertising, said the new law would help her disconnect, especially in an industry where clients often work different hours. She told Reuters, “It’s really important to have laws like this. We spend so much time connected to our phones and emails all day, and it’s hard to switch off as it is.”
“Right to Disconnect” Rule Allows Workers To Refuse Non-Emergency Contacts
The new rule allows employers to contact workers for emergencies or jobs with irregular hours, but workers can refuse to respond if it’s reasonable. Whether a refusal is reasonable will be decided by the Fair Work Commission (FWC), which will consider the employee’s role, personal situation, and the nature of the contact.
The FWC can issue orders to stop the behavior and, if necessary, impose fines of up to A$19,000 for individuals or up to A$94,000 for companies.
However, the Australian Industry Group, an employer organization, argues that the rule’s ambiguity will cause confusion and reduce job flexibility, potentially slowing the economy. They claimed the laws were introduced unexpectedly with little consultation, leaving employers unprepared.
On the other hand, Michele O’Neil, president of the Australian Council of Trade Unions, said the law won’t disrupt reasonable requests. Instead, it will prevent workers from suffering due to poor management planning. She mentioned an example of a worker who was texted at 4 a.m. after finishing a midnight shift and told to return to work by 6 a.m.
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