Remote work is here to stay and has drastically changed work life worldwide, but it has largely gone unregulated by governments. However, as of today, this is no longer the case in Australia.
Beginning today, Monday, August 26th, the new “right to disconnect” laws have come into effect in the country, meaning employers cannot penalize workers—though, under some circumstances this is still possible—who don’t answer calls after hours.
The truth of the matter is, the line between work and personal lives has never been more unclear. Technology such as laptops, smartphones, and other devices that can be transported between work and home have further blurred boundaries.
The real catalyst for remote work was the COVID-19 pandemic, when millions of workers worldwide were forced to abandon their offices and workplaces for security reasons in exchange for prolonged employment from home.
The right to disconnect laws are an attempt to restore boundaries
The changes to the Fair Work Act (the right to disconnect laws) are a clear attempt by the Australian government to restore boundaries blurred by both technology and the pandemic.
They have granted workers an “enforceable workplace right to refuse to monitor, read or respond to contact, or attempted contact, from their employer outside of their working hours unless such refusal is unreasonable.”
Additionally, the Australian Department of Employment and Workplace Relations announced that the right to disconnect is also about drawing a clear and official line between hours for which workers will be compensated and those for which they will not be (since they should not be working at all).
Who does the new law apply to?
The right-to-disconnect law will apply to many workers in Australia beginning on August 26, 2024. However, it will not apply to small business workers until August 26, 2025.
The law does not prevent bosses from getting in touch with employees or coworkers talking after hours, although employees have the right to ignore such attempts at communication without repercussions. These laws do also mean that certain employees might receive additional compensation for being available after hours. It all depends on negotiations between workers and employers.
It must also be said that the system is in fact not becoming more rigid as a result of these laws. There are several factors that employees and employers will need to take into account in their employment negotiations.
For instance, one thing that must be worked out between all parties is whether there might be any legitimate reasons for contact, how such contact might be initiated, how disruptive it could be, and whether or not it would lead to additional compensation.
Experts believe that one way to guarantee the success of the right to disconnect laws is for employees who are in managerial roles to use those laws to “lead by example.”
