Right to Disconnect Law in Australia

By Alasdair Pal

SYDNEY (Reuters) – Australian employees now have the right to ignore their bosses outside working hours thanks to a new law which enshrines the “right to disconnect.”

Key Facts About the Law

• Effective Date: The law came into force on Monday.

What Does the Law Say?

• Communication Policy: Employers can still contact workers, but employees can now refuse to respond outside of working hours unless the refusal is deemed unreasonable.
• Scope of Refusal: Employees can ignore monitoring, reading, or responding to communications from employers or third parties, like clients.
• Dispute Resolution: The Fair Work Commission (FWC) will determine if a refusal is unreasonable based on factors including the employee’s role and the nature of the contact.

What Are the Penalties?

• Conflict Resolution: Employers and employees must first attempt to resolve disputes internally. If this fails, the FWC can intervene.
• Interventions: The FWC can prevent employers from contacting employees or bar disciplinary action against employees who refuse contact.
• Compliance: Employees may be ordered to respond if their refusal is unreasonable. Non-compliance can incur fines of up to A$19,000 for employees and A$94,000 for companies.

What Has Been the Response?

• Support: Unions and rights groups have welcomed the law, claiming that new worker rights are overdue.
• Criticism: Employer associations argue the legislation is flawed and may negatively affect productivity due to being rushed into law.

Do Other Countries Have Similar Laws?

• Similar laws exist in France, Germany, and other EU countries, as well as in Latin America.
• In 2018, a French court fined Rentokil Initial 60,000 euros for violating an employee’s right to disconnect after requiring constant phone availability.

($1 = 1.4885 Australian dollars)