As Australia also adapts to the “right to disconnect” law, find out what this legislation means and how it works!
Australia has recently implemented a “right-to-disconnect” law that allows employees to refuse work-related communication from their employers outside of working hours. This means employees can ignore phone calls or emails after their official work hours without facing penalties. Such laws have been emerging globally as a response to the increasingly blurred lines between work and personal life.
“What we’re simply saying is that someone who is not being paid 24 hours a day shouldn’t be penalized if they’re not online and available 24 hours a day”, said Australian Prime Minister Anthony Albanese, explaining the law.
However, not everyone is on board with the new legislation. Andrew McKellar from the Australian Chamber of Commerce and Industry criticized the law, calling it a “triumph of stupidity over common sense” during an interview with the Australian Broadcasting Corporation.
The legislation does not prohibit employers from contacting employees after hours but does give employees the right to refuse such contact unless it would be considered unreasonable to do so. What constitutes “unreasonable” depends on various factors, including the employee’s job role, personal circumstances, the reason and method of contact, the level of disruption caused, and whether the employee is compensated for additional work.
What Is the Right to Disconnect Law?
This legal framework allows workers to disengage from work-related communications during non-working hours. This means no answering emails, phone calls, or messages related to work once the official working day ends. The primary goal is to reduce burnout and stress, promoting a healthier work-life balance for employees.
This law recognizes the importance of rest and personal time, which is often encroached upon due to the digital nature of modern workplaces. By legally affirming the right to disconnect, governments aim to combat overwork and ensure that employees are not expected to be constantly available.
How Does the Right to Disconnect Law Work?
The implementation of the law varies by country and organization, but the general principle remains the same: workers are not obligated to respond to work communications outside of their designated work hours. In practice, this could mean setting clear guidelines for when employees are expected to be reachable or stipulating specific hours during which they should not be contacted.
Some companies may integrate this right into their employment contracts, clearly outlining the expectations for both employees and employers. This might also involve setting policies around the use of digital devices, ensuring that there is no expectation to monitor work communication channels after hours.
Right-to-Disconnect Laws Around the World
Different countries have implemented right-to-disconnect laws in various forms:
- Spain: some employees can disconnect from digital devices outside of work hours, including during leave or holidays;
- Italy: employees under “smart working” agreements are not bound by set hours but are evaluated on goal completion;
- Portugal: certain employers are restricted from contacting workers outside regular work hours;
- France: some employees can ignore work-related communications outside their official hours, based on agreements between unions and employers.
Challenges in Implementing It
In many places, enforcing such laws is challenging. “The way the right to disconnect operates is it’s not quite a traditional right”, explained Ope Akanbi, an assistant professor at Toronto Metropolitan University. It often serves more as a prompt for companies to set expectations about after-hours communication rather than a strict rule, he added.
Akanbi also highlights that national identity and culture can influence how these laws are perceived and implemented. In some regions, there is a greater emphasis on work-life balance, while in others, work remains a central part of identity. For example, France has a culture that naturally resists overwork, unlike North America, where a more intense work culture prevails. This cultural context can affect how right-to-disconnect laws are adopted and enforced.
For those operating across different time zones, ensuring complete adherence to such a policy can be difficult as well. Companies may face logistical challenges in managing communication expectations and ensuring compliance with the law. Ultimately, while right-to-disconnect laws aim to foster healthier work environments, their success depends on both cultural acceptance and practical enforcement.