On Monday, Australia introduced an innovative law granting employees the “right to disconnect” when they are off the clock. With this, Australians now gained the legal right to ignore emails and phone calls from bosses outside their respective working hours.
The government decided to push forward with the law after the COVID pandemic exacerbated the blurring of lines between work lives and private lives. Hence, Australian PM Anthony Albanese’s administration introduced an amendment to the Fair Work Act.
The legislation now granted workers an “enforceable workplace right to refuse to monitor, read or respond to contact, or attempted contact, from their employer outside of their working hours, unless such refusal is unreasonable”.
“The right to disconnect will also enable an employee to refuse to monitor, read or respond to work-related contact, or attempted contact, from a third party,” the Australian Public Service Commission’s guidance on the new rules said. Here’s a look at what impact the new rules will have on Australians.
What’s the need?
According to the data released by the Australia Institute’s Centre for Future Work, Australian works an average of 5.4 hours a week of unpaid overtime which is equivalent to $131.2bn worth of unpaid labour given by workers to their employers.
“Employees will have a definitive end to their working day and no longer carry the burden of continuing to be contactable about work-related matters in their private time, unless certain reasonable exceptions apply,” Gabrielle Golding from the University of Adelaide’s law school told The Guardian.
“This result signals a momentous societal shift in the value placed on work and similarly on wellbeing and private time,” she added. The unions in the country have expressed their support for the new law. However, certain business groups called the legislation “unnecessary” and warned that it could lead to job losses. They insisted that there would be “confusion and uncertainty” and the law would reduce the ability of workplaces to have flexible working arrangements.
Not for everyone
The law will be in force for all the “national system employees” from 26 August this year. For small businesses, the legislation will apply on the same date but in 2025. Interestingly, people with high incomes might not get the benefit of the legislation. “Those employees who earn above the ‘high-income threshold’ (currently indexed at $175,000) will also not have access to the right,” Golding told The Guardian.
“Even so, it would be worth those employees (particularly those in managerial roles) adhering to workplace practices that are in line with the right to disconnect. Doing so will enable them to lead by example and model behaviours that are in line with that of their colleagues earning below the threshold,” she added.
It is pertinent to note that the new legislation does not prohibit bosses from getting in touch, or employees from contacting each other. The just give the employees the right to ignore it without any disciplinary actions. Hence, employees have to be careful while negotiating their contracts.
The impact on employees
Here’s a look at the impact of the new law on the lives of the employees:
Goulding insisted that the legislation would have a positive impact on the employees. They will benefit through productivity gains from more refreshed workers. The law will also lead to changes in work patterns for Australians and some of them will start prioritising their urgent tasks.
“This will also open up new conversations between companies and staff about work expectations and company culture, leading to stronger long-term success,” said Nicole Gorton, Director at Robert Half, one of the world’s largest recruitment agencies.
Research conducted by the European Union agency Eurofound showed improved wellbeing and work satisfaction among employees who worked in companies that have the “right to disconnect policy in place”. According to a survey conducted by Rober Half, 43 per cent of workers in Australia say their job satisfaction will increase if such laws are in place.
- Improved work-life balance
With the new legislation, workers may have more control over their personal time, allowing them to dedicate time to family, hobbies, and relaxation, thus promoting a healthier work-life balance. According to the Robert Half research, improved work-life balance will be the biggest positive effect to come from the ‘right to disconnect’ with 68 per cent of the survey respondents agreeing this will be the case.
- Reduce Stress and burnout
Many believe that the new law will reduce the stress of Aussie workers who say the ‘right to disconnect’ will help positively manage their levels of mental exhaustion. the ‘right to disconnect’ will help positively manage their levels of mental exhaustion.
The law showed promise globally
It is pertinent to note that Australia is not the only country in the world to have such legislation. The law has been implemented in up to 25 countries. John Hopkins from Swinburne University’s School of business, law and entrepreneurship told ABC News Australia that so far the evidence showed that the legislation has been successful in helping to protect the health and well-being of workers in the digital age.
“This is a step in the right direction,” Professor Hopkins told the Australian news outlet. In 2017, France became the first country in the world to require companies to negotiate agreements with staff over their rights to ignore after-hours communication.
European nations like Germany, Italy and Canada have adopted similar measures. While fines for companies that broke the law have been rare, they do happen. In the past, the French wing of a British pest control business was ordered to pay a former employee 60,000 euros after forcing him to permanently leave his telephone on to respond to work requests.
With inputs from agencies.
