Australian Employees Now Have the Right to Ignore Work Emails and Calls After Hours, According to Reuters

By Lewis Jackson

SYDNEY (Reuters) – Are you receiving texts from your boss on weekends? Is work email chiming in long after you’ve left the office?

Thanks to a recently enacted "right to disconnect" law, Australian employees can now brush off such intrusions into their personal lives. This new regulation, effective from Monday, protects employees from repercussions for ignoring or not responding to employer communications outside of work hours.

Proponents argue that this law empowers workers to resist the increasing intrusion of work-related messages into their private lives, a trend that has intensified since the COVID-19 pandemic blurred the lines between work and home.

"Before the advent of digital technology, employees would leave the workplace and typically not be contacted until they returned the next day," explained John Hopkins, an associate professor at Swinburne University of Technology. "Now, it has become the global norm for employees to receive emails, texts, and phone calls outside of work hours, even when on vacation."

Statistics reveal that Australians worked an average of 281 hours of unpaid overtime in 2023, with the Australia Institute estimating the economic impact of this labor to be around A$130 billion (approximately $88 billion).

Australia now joins a group of about two dozen countries, predominantly in Europe and Latin America, that have enacted similar regulations. France pioneered this movement in 2017, penalizing a firm for mandating constant availability of its employees.

Advertising professional Rachel Abdelnour expressed optimism about the new law, especially as her industry often entails varying client schedules. "It’s crucial to have laws like this. We’re continuously connected to our devices and emails, making it tough to disconnect," she remarked.

REASONABLE REFUSALS

Recognizing that emergencies and irregular work hours can arise, the law permits employers to contact employees, who may decline to respond if it is deemed reasonable. The Fair Work Commission (FWC) will evaluate the reasonableness of a refusal based on the employee’s role, personal circumstances, and the nature of the contact.

The FWC can issue cease and desist orders and impose fines ranging from A$19,000 for employees to A$94,000 for employers.

However, the Australian Industry Group, representing employers, has raised concerns about the potential confusion surrounding the law’s application. They argue that it could hinder job flexibility and negatively impact the economy. "The introduction of these laws was abrupt and lacked significant consultation on their practical implications, leaving employers little time to adapt."

Michele O’Neil, president of the Australian Council of Trade Unions, countered that the law’s caveats would allow for reasonable requests while preventing employees from bearing the consequences of inadequate management planning. She recounted an instance where a worker, after completing a shift at midnight, received a message just hours later instructing them to return by 6 a.m.

"It’s become too easy to contact employees, leading to a lack of common sense in many situations," she said, adding, "We hope this will prompt employers to reconsider whether their messages are truly necessary."