Australia passes 'Right to Disconnect' after-hours law

This act ensures that workers can separate work and personal life, avoiding disturbance outside of working hours, unless there are special cases stipulated in advance.

What does the "Right to Disconnect" Act say?

Employers in Australia still have the right to contact employees outside of working hours, however, under the new rules, employees have the right to refuse to respond unless the refusal is considered unreasonable.

This right allows employees to not be required to monitor, read or respond to messages, emails, calls from their employer or third parties such as customers outside of their working hours. This helps protect the balance between employees' work and personal lives.

The Fair Work Commission (FWC) will have the authority to determine whether an employee's refusal to respond is reasonable.

In reviewing each case, the FWC will consider many factors, including the nature of the employee's work, the necessity of the communication, the method of communication used, and the particular circumstances of each situation.

Supporters of the law believe it will empower workers to protect their privacy and stop them from being caught up in after-hours work emails, texts, and calls.

John Hopkins, Associate Professor at Swinburne University of Technology (Australia), commented: "Before the digital technology boom, work and personal life were completely separate. When the shift ended, people went home and did not need to worry about work until the next day."

However, he stressed that today, all over the world, receiving work emails, messages or calls outside of working hours, even during holidays, has become normal, which makes workers always "tied" to work.

This act acts as a shield, helping employees regain balance and be more proactive in controlling their time.

Penalties for violating the right to "disconnect"

Before intervention from the authorities, employers and employees are encouraged to resolve disputes through internal negotiations at the workplace. If the two parties cannot reach an agreement, the FWC may step in to adjudicate.

Accordingly, the FWC has the authority to issue orders requiring businesses to stop communicating with employees outside of working hours or prohibiting companies from taking disciplinary action against employees who refuse to respond to after-hours communications.

Conversely, where the FWC determines that an employee's refusal is unreasonable, such as when there is an urgent matter or it relates to the nature of their job, the court may require the employee to respond to the employer.

Both workers and businesses can face severe penalties for breaching FWC orders. Specifically, employees can be fined up to AU$19,000 for refusing to answer questions without a reasonable excuse.

Meanwhile, businesses could be fined up to $94,000 if they deliberately coerce employees into responding out of hours or otherwise punish them for exercising their right to "disconnect".

This regulation aims to protect the rights of employees and at the same time ensure fairness in the relationship between businesses and employees.

Which countries have enacted similar laws?

Many countries around the world have enacted laws protecting workers' rights to separate work and personal life. Similar laws giving employees the right to refuse to be contacted outside of working hours have been adopted in France, Germany and several other countries in the European Union and Latin America.

France is one of the pioneers in protecting the right to “disconnect.” This law, introduced into the French Labor Code in 2017, allows employees to refuse to respond to work-related emails, calls or messages outside of working hours without facing negative consequences.

In Germany, several large companies such as Volkswagen, Daimler and BMW have voluntarily adopted policies to limit contact with employees outside of working hours to ensure a balance between work and personal life.

According to The Telegraph, in 2018, the company specializing in providing disease control, hygiene and environmental protection services Rentokil Initial in France was ordered by a court to pay 60,000 euros in compensation to an employee after the company required him to keep his phone on to handle emergency situations, seriously violating the "right to disconnect" stipulated in French law.

The enactment of these laws reflects a global trend towards protecting the mental health and rights of workers, giving them control over their personal time without the pressure of overtime work.