From this Monday, workers in Australia will be able to take a deep breath because now they have the “right to disconnect law". This legislation prohibits one from being sacked, demoted, transferred, placed on a lower rank, or receiving any other detrimental measures just because he or she failed to answer work-related emails or calls during other than working hours. The law has been enacted to ensure that employers do not interfere with people’s off-working hours, thus halting work interference with personal life.

Supporters of the new law claim that it allows the regular and hourly paid workers to avoid the increasing encroachment of workplace correspondents into private lives, especially in the background of the coronavirus pandemic that has extended the boundaries of the working environment at home. The law is meant to prevent employers from invading the private lives of the employees and make them comfortable when they are not attending to work-related messages or calls.

Right to Disconnect law
Image Source: Law Squared

John Hopkins, an associate professor at Swinburne University of Technology, stated, "Before we had digital technology, there was no encroachment; people would go home at the end of a shift, and there would be no contact until they returned the following day. Now, globally, it’s the norm to have emails, SMS, and phone calls outside those hours, even when on holiday."

Impact of the Right to Disconnect Law on Australian Work Culture

The surveys that were done by the Australia Institute of the Population in 2023 show that the extended working hours per person, including unpaid overtime, were 281 hours. This extra work has been expected to be to the value of A$130 billion or $US 88 billion.

More than twenty countries, mostly in Europe and Latin America, have established similar “right to disconnect” laws. France was the first country to adopt such measures in 2017, and the following year Rentokil, a pest control company, was fined €60,000 ($66,700) for requesting an employee to always be contactable.

While speaking with Reuters, Rachel Abdelnour, an advertising professional, said, "I think it's actually really important that we have laws like this; we spend so much of our time connected to our phones and connected to our emails all day, and I think that it's really hard to switch off as it is."

The new law allows employers to call employees during emergencies or if they work shift duties. However, relating to it, the workers can even decline to respond if it is deemed reasonable. It will be up to the Fair Work Commission (FWC) to determine what constitutes a reasonable rejection, taking into consideration areas such as the job description, circumstances of the employee, and the type of contact made. Although the FWC has the power to give employers cease and desist letters, the FWC also has the right to fine employers up to $19000 individual or $94000 for companies.

The Australian Industry Group, representing employers, has voiced concerns that the vague application of the new rule will lead to confusion among both bosses and employees. They argue that this uncertainty may reduce job flexibility and potentially slow economic activity. The group stated "The laws came literally and figuratively out of left field, were introduced with minimal consultation about their practical effect and have left little time for employers to prepare.”

Michele O'Neil, president of the Australian Council of Trade Unions, argued that the law's provisions will not disrupt reasonable work requests. Rather, it aims to prevent workers from suffering due to management's poor planning. She highlighted a case where a worker who ended their shift at midnight received a text four hours later instructing them to return to work by 6 a.m.

She said It's so easy to make contact; common sense doesn’t get applied any more. We think this will cause bosses to pause and think about whether they really need to send that text or that email."

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