The Right to Disconnect
From the 22nd of August, employees will have the right to clock off form their work shifts, and not respond to business calls or emails after hours. It is being called ‘THE RIGHT TO DISCONNECT’.
But what exactly does it mean?
If you work for a business of more than 15 staff members, this new law means you have the right to ignore phone or email communications after hours. There are a few minor details that are still being ironed out, and similar laws will come into place for business with fewer than 15 employees in August of 2025.
Under the new ‘right to disconnect’ law, employees can refuse business contact outside of their usual business hours, unless that refusal is deemed to be unreasonable. There will no longer be an expectation that calls must be answered, which historically, so it would seem, meant people were ‘working’ extra hours – without being paid.
The new law is aiming to create ‘limits’ around the work culture of being available to employers beyond rostered or paid work hours.
Of course, this doesn’t mean you can’t be called once you’ve clocked off for the day, but it does mean you may not have to answer. However, there is an important caveat.
Refusal to communicate after hours must be deemed to be REASONABLE
Without a proper definition, this is one of the details which is yet to be fine-tuned. At this point in time, it still depends on individual circumstances, but should a dispute arise, it can only be addressed by discussion between bosses and their staff.
So, whilst there is still a fair degree of uncertainty surrounding the new law, essentially, it aims to put in place some boundaries between work and personal life. Your employer can no longer harass you after hours, and if they do, it must be reasonable, or you can choose not to respond.
This new law, it is proposed, will enhance employee wellbeing and work satisfaction, creating a new respect for work boundaries (and an employee’s personal time), encouraging conversation, and particularly, removing the grey area of blurred work time and personal life, which has largely been caused by our current ‘work from home’ ethos.
Whilst we can still expect some difficulties with defining the meaning of the word ‘reasonable’ – especially when employees now more than ever are asking for ‘increased flexibility’, these guidelines are a very broad starting point, which will undoubtedly take some time to fully explore and ratify.
Its execution over a ‘period of time’ will help get a grip on the exact parameters, but one thing is certain:
IT’S SET TO IMPROVE THE WORK/LIFE BALANCE OF AUSTRALIANS.
Source: ABC.net.au
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