Next month, changes to Australia’s Fair Work Act will give workers the formal right to disconnect from all work communications outside of their normal working hours.
The main driver behind the “right to disconnect” laws was to protect the health and well-being of workers in an increasingly hyper-connected world.
But what exactly will the new laws mean for Australian businesses, directors and employees?
Right to disconnect origin
Right to disconnect laws were introduced for the first time France in 2017 in response to concern for the well-being of workers who were increasingly connected to their workplaces as a result of the expansion of digital technologies.
France has introduced a law forcing companies with more than 50 employees to negotiate agreements with staff about their rights to ignore smartphones and other electronic devices after working hours.
The reaction it was mixed. Some praised the move for promoting work-life balance and reducing stress, while others raised concerns about its potential impact on productivity and competitiveness.
A reviewer at the time said
The French may quickly discover that their most productive workers are routine “lawbreakers” who stay online during off-hours.
To learn more about this topic, I reviewed 21 academic articles on the right to opt outfrom 15 different countries over the past seven years and identified a number of themes that may help Australian managers.
The “always on” culture.
The growth of digital devices – including smartphones, laptops, tablets and smartwatches – means many Australian workers have been working well beyond their normal hours for many years.
Australia Institute 2023 study It is estimated that the average Australian worker did an extra 5.4 hours of unpaid work per week.
The informal encroachment of work duties on employees’ personal time – also called “availability creep” or “time theft” – equates to an additional 281 hours of unpaid work per year.
This is estimated to cost workers an average of AU$11,055 per year. It has led to serious concerns about workers’ health and welfare, work-life balance and workplace exploitation.
The post-pandemic rise of flexible working arrangements in Australia, while offering much lifestyle and health benefitsit can also contribute to our culture and expectations of being constantly available and in touch.
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This digital presenter It has been found to affect workers’ health in a number of ways, including causing headaches, eye strain, insomnia, back pain, stress and burnout.
Protection of workers
Another key issue of the right to disconnection legislation is how working time, work availability and rest periods are observed.
Portugal has even gone a step further relative to other countries, placing responsibility for the right to disconnect on the employer by implementing “no-contact” laws. This means companies with more than ten employees can be fined if they text or email staff outside of contracted hours.
However, the new Australian law will not restrict managers from contacting employees whenever they want, but will give their employees legal right to refuse to
monitor, read or respond to employer or third party communications made outside of their working hours, unless the refusal is unreasonable.
If an employee chooses not to respond, no disciplinary action may be taken, nor may the employee be treated differently, such as through ranking or performance requirements, for deciding to disengage.
This should encourage discussions about what constitutes reasonable contact. The Fair Work Commission says this should be based on the reason for the contact, the employee’s personal circumstances, the nature of the employee’s role and responsibilities and whether the employee is compensated for being available outside normal working hours.
Making the change
In some countries, policies on the right to disconnect are formally established by law, while others rely on self-regulation by employers.
France, for example, legislates out-of-hours electronic communication between employers and employees through statutes and legislation, meaning that government entities are required to enforce the right and a court is required to interpret it.
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Germany, on the other hand, does not formally legislate decoupling provisions, but many of its companies (including car manufacturers Volkswagen and Daimler) already have their own regulations.
In Australia, the right to disconnect will be right down general protection laws. Disputes about an employee’s response should be discussed and resolved at the workplace level, but, if resolution is not possible, employees or employers may refer the case to the Fair Work Commission.
The panel may then make orders or deal with the dispute in other ways.
What to expect
The new laws come into effect on August 26.
They are an important step towards encouraging sensible discussions about the importance of rest, availability and whether it is necessary to contact employees outside of their regular hours.
Time-out laws should challenge managers to create a work culture where employees feel comfortable disconnecting from work and understand the importance of maintaining a clear line between work and rest, where their rest periods are formally observed.
As an initiative to support improved digital well-being and work-life balance, in today’s hyper-connected world, clearer boundaries between work and rest time are vital.
