Factbox: Key Facts About Australia’s New ‘Right to Disconnect’ Law for Employees

By Alasdair Pal

SYDNEY – A new law in Australia grants employees the right to disconnect from work communications outside of their scheduled hours. This legislation took effect on Monday and aims to protect workers’ personal time.

Key Aspects of the Law:

What Does the Law Entail?
While employers can still reach out to employees, workers now have the right to not respond to such communications after hours unless their refusal is deemed unreasonable. This means employees can choose not to check, read, or reply to messages from employers or third parties, including clients.

The Fair Work Commission (FWC) will determine what constitutes an unreasonable refusal, considering factors such as the employee’s role, the purpose of the contact, and the method of communication.

What Are the Consequences?
Initially, employers and employees are encouraged to resolve workplace disputes on their own. If these efforts fail, the FWC can step in. The FWC has the authority to instruct companies to cease contact with employees or prevent disciplinary measures against those who choose not to respond. Conversely, the Commission can also mandate that an employee must engage with their employer if their refusal isn’t reasonable.

Failing to comply with these orders could lead to substantial fines, reaching up to A$19,000 for employees and A$94,000 for employers.

What Has Been the Reaction?
Unions and worker advocacy groups have praised the legislation, stating that it provides essential and overdue protections for employees. However, some employer associations have criticized the law, claiming it is poorly structured and was hastily implemented, potentially affecting productivity negatively.

Are There Similar Laws Elsewhere?
Other countries, including France and Germany, already have similar regulations that establish a right for employees to disconnect from work-related communications.

In a notable case in 2018, a French company was fined 60,000 euros for violating an employee’s right to disconnect after requiring constant availability through phone communications.

(Exchange rate: $1 = 1.4885 Australian dollars)