Australians Gain Legal Right to Disconnect from Work Outside of Hours

Australians Gain Legal Right to Disconnect from Work Outside of Hours

New Legislation Allows Workers to Ignore Out-of-Hours Communication

On August 26, 2024, Australia enacted new legislation that grants workers the legal right to disconnect from their employers outside of standard work hours. This new law permits employees to ignore unreasonable work-related calls, texts, and emails after hours, unless such refusal is deemed unreasonable.

Government and Union Reactions

Prime Minister Anthony Albanese endorsed the reform, emphasizing its benefits for mental health and work-life balance. He stated, “Just as people don’t get paid 24 hours a day, they don’t have to work for 24 hours a day.” Albanese highlighted that the legislation supports employees in maintaining a clear boundary between work and personal life.

The Australian Council of Trade Unions celebrated the reform as a significant victory for workers. Michele O’Neil, the council’s president, described it as a historic day for workers’ rights, allowing them to enjoy personal time without the pressure of responding to work-related communications.

Industry Concerns

The Australian Industry Group expressed concerns about the new law, calling it “rushed” and “confusing.” They warned that the legislation might create uncertainty about when employers can contact employees or offer additional shifts outside of normal working hours.

Phased Implementation

The legislation, passed earlier this year, is now in effect for medium and large companies. Smaller businesses, with fewer than 15 employees, will need to comply by August 26, 2025. The law allows tribunals to determine if an employee’s refusal or an employer’s demand for out-of-hours communication is unreasonable, considering factors like the nature of the job and compensation for extra hours.

International Context

Australia’s new law is similar to “right to disconnect” regulations in several European and Latin American countries. France, for example, implemented a similar law in 2017 to address the pervasive “always-on” culture driven by digital devices, aiming to improve work-life balance.

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