New Australian law grants employees ‘Right to Disconnect’
Australian employees now have a legally enshrined right to disconnect from work outside of their designated hours, thanks to a new law that came into effect on Monday. This legislation aims to ensure that workers can refuse to engage with work-related communications during their personal time unless such a refusal is deemed unreasonable.
Under the new law, while employers can still reach out to their staff, employees are not obligated to respond to communications outside of their working hours. This includes ignoring messages from employers or clients unless the situation warrants an exception. The Fair Work Commission (FWC) will be responsible for adjudicating any disputes over what constitutes unreasonable refusal, considering factors such as the employee’s role and the nature of the contact.
In cases where disputes arise, employers and employees are required to first attempt resolution internally. Should these efforts fail, the FWC may intervene, potentially ordering companies to cease contacting employees or preventing them from disciplining workers who choose not to respond. Conversely, if the FWC determines that an employee’s refusal is unreasonable, it may mandate a response, with non-compliance potentially leading to fines of up to A$19,000 for employees and A$94,000 for companies.
The new law has been met with approval from unions and workers’ rights groups, who argue that it is a long-overdue measure to protect employee wellbeing. However, some employer associations criticize the legislation as flawed and rushed, expressing concerns that it might negatively impact productivity.
Globally, similar legislation exists in several countries, including France and Germany, where employees are legally protected from being constantly available for work-related communications. In 2018, a French court fined Rentokil Initial €60,000 for violating an employee’s right to disconnect by requiring constant availability for emergencies.
As Australia joins this international trend, the full impact of the law on both workers and employers will unfold over time.
