What is Australia's 'right to disconnect' from bosses' calls, texts
Australia has enacted a new law granting employees the "right to disconnect" from work-related communications outside their regular working hours. The legislation, which was passed in February and came into effect on Monday, does not strictly prohibit employers from contacting their staff after hours. However, it safeguards employees who choose not to monitor or respond to such communications unless their refusal is deemed unreasonable, according to the Fair Work Commission (FWC), Australia's workplace relations tribunal.
Dispute resolution and exceptions under the new law
The legislation stipulates that an employee's refusal to respond may be considered unreasonable under certain circumstances. These include the employee's seniority, personal circumstances like caregiving responsibilities, the reason for contact, and the level of disruption it causes. The FWC encourages employers and employees to resolve any disputes independently but allows them to seek a "stop order" or other actions if their discussions fail.
Law aims to restore work-life balance
The new law applies to most workers and will be extended to small businesses with fewer than 15 employees in August 2025. Senator Murray Watt, Australia's Minister for Employment and Workplace Relations, stated that the law is designed "to bring back some work-life balance and make sure that people aren't racking up hours of unpaid overtime." "But if it's a run-of-the-mill thing...then they should wait till the next work day, so people can actually enjoy their private lives," Watt added.
Law addresses unpaid overtime and mental health issues
The law is expected to help delineate the line between personal and professional life, which has become increasingly blurred due to remote work during the COVID-19 pandemic. A 2022 survey by the Centre for Future Work revealed that seven out of 10 Australians worked beyond their scheduled hours. The next year, the institute reported that Australians worked an average of 281 hours of unpaid overtime in 2023. This means that the average worker lost almost $7,500 USD each year.
Critics argue law could harm productivity and competitiveness
The Australian Council of Trade Unions (ACTU) has welcomed this new legislation as a "cost-of-living win for working people," particularly those in sectors like teaching, community services, and administrative work. It stated that the right to disconnect will not only reduce unpaid work hours for Australians, but will also address the "growing crisis of increasing mental health illness and injuries in modern workplaces."
10 countries have similar laws
At least 10 countries, including France, Canada, and Portugal, have legislation that protects employees' "right to disconnect." In 2018, New York City considered a similar plan but ultimately rejected it. Others are exploring burnout solutions, such as implementing a four-day workweek. In the United Kingdom, the Labour Party has promised to give employees the right to ignore work-related calls and emails after work hours to stop homes from becoming "24/7 offices."
