Australia Introduces Law Allowing Employees to Ignore Bosses After Hours
As of August 26, employees in Australia are legally entitled to ignore messages, emails, and calls from their bosses outside of working hours, thanks to a new “right to disconnect” law. This regulation ensures that workers won’t face penalties or receive poor performance evaluations for refusing to respond to management communications after their shifts have ended.
Supporters of this law believe it will empower employees to reclaim their personal time, which has increasingly been encroached upon by work-related demands, particularly since the Covid-19 pandemic blurred the lines between home and work life.
John Hopkins, an associate professor at Swinburne University of Technology, highlights the stark contrast between today’s digital workplace and the pre-digital era. He notes that before the explosion of digital technology, employees would leave work at the end of the day and not communicate with their colleagues until they returned to the office the next morning. “Now, sending emails, texting, and calling outside of work hours, even during vacations, has become the norm,” Hopkins remarks.
A 2023 survey by the Australia Institute revealed that Australian workers are putting in an average of 281 unpaid overtime hours annually. If compensated, these hours would equate to an estimated $88 billion in wages.
Australia’s recent legislative changes place the country among a select group of 20 nations, primarily in Europe and Latin America, that have enacted protections for employees’ personal time. France, for example, implemented its right to disconnect law in 2017. In 2018, a French company was fined nearly $67,000 for requiring employees to keep their phones on outside of work hours.
Rachel Abdelnour, an advertising professional, welcomes the new Australian law, stating that it frees her from the constant connectivity demanded by clients with varying work schedules. “This law is essential because we spend so much time connected to our phones and emails that we lose our personal time to rest,” she says.
The Australian law does make allowances for emergencies and for businesses that operate without fixed working hours. In such cases, employers can still contact employees, but workers have the right to refuse unreasonable requests.
The Fair Work Commission (FWC) is responsible for determining whether a refusal is reasonable, considering the employee’s role, circumstances, and the nature of the request. The FWC also holds the authority to issue orders to stop or cancel out-of-hours work requests. Violations of this law can result in fines of up to AUD 19,000 for individuals and AUD 94,000 for businesses.
However, the Australia Industry Group, representing employers, argues that the ambiguity surrounding the application of this rule could lead to confusion among both managers and employees. They contend that the law could reduce workplace flexibility and negatively impact the economy.
“This regulation was introduced without adequate consideration or consultation about its practical implications, leaving employers with little time to prepare,” a representative from the group stated.
In response, Michele O’Neil, president of the Australian Council of Trade Unions, reassured that the organization would not interfere with reasonable requests. Instead, the regulations aim to prevent employees from bearing the brunt of managerial errors.
“Requests sent out too easily have led many managers to assume that employees are available around the clock. But employers should pause and consider whether it’s truly necessary to send work-related messages or emails after hours,” O’Neil advised.
