August 22nd 2024.
From Monday, new rules will be put in place in Australia to protect employees' "right to disconnect" from work. This means that employees will have the right to refuse any contact from their employer or a third party outside of work hours, unless it is deemed unreasonable. However, this does not give employees the freedom to ignore all calls from their boss.
There are concerns that these new laws may not have much power, as many Australian workers already have a clause in their contract that could override these protections. Employment and Industrial Lawyer Jessica Heron from Maurice Blackburn expressed her surprise that this has not been a bigger part of the conversation surrounding the new laws. The Business Council of Australia has also come out against these laws, stating that they will diminish the value of labor and be anti-business. However, Heron believes that this is just a scare tactic.
So what exactly are these right to disconnect laws? Essentially, they give employees the right to refuse any contact from their employer outside of working hours, unless it is reasonable. This means that an employer cannot contact an employee outside of work hours unless it is deemed necessary. Heron explains that this will prevent employers from constantly contacting their employees outside of work hours and give employees the chance to disconnect and have a better work-life balance.
If an employee feels that their rights have been violated, they should first bring it up with their employer and then with the Fair Work Commission if needed. Employers who are found to be in violation of these laws can face fines of up to $18,000. The Fair Work Ombudsman has also provided resources for those wanting to learn more about these laws.
The right to disconnect laws will come into effect on Monday, August 26th, 2024 for businesses with 15 or more employees, and on Tuesday, August 26th, 2025 for small businesses. These laws were passed as part of the Fair Work Legislation Amendment Act 2024 on February 26th, 2024.
Heron also provided some examples of what is considered reasonable and unreasonable under these new laws. For instance, if an employer contacts an employee outside of work hours to alert them of something like leaving lights on at work, it would be unreasonable for the employee to refuse contact. On the other hand, if an employee is asked to log on and respond to an urgent email, only to find out it was not actually urgent, it would be reasonable for the employee to refuse contact.
These rules are designed to help employees avoid working overtime without pay and to establish a better work-life balance. They are already in place in countries like Belgium and France. However, there are exceptions to these rules, and what counts as reasonable can be subjective. Factors like the reason for contact and the employee's personal circumstances must be taken into consideration.
It's also important to note that employees who have a reasonable additional hours clause in their contract may not be able to invoke these new protections. These clauses are common in white-collar jobs and allow employers to direct their employees to work overtime without additional pay. Heron believes that the distinction between these clauses and the right to disconnect laws has not been made clear by lawmakers.
For employees looking to disconnect from work, simply turning off email notifications after work hours may not be enough. Heron suggests negotiating to have the right to disconnect included in employment contracts and having a conversation with employers about expectations for after-hours contact. This will provide a reference point in case any issues arise in the future.
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