The Right to Disconnect Laws are Changing

When we’re all just a Whatsapp message away, the lines between work and personal life can get pretty blurry. If you’ve ever felt like work is creeping into your personal time, you’re not alone. The good news? The new ‘Right to Disconnect’ laws are about to give employees a clear boundary, officially starting on 26 August 2024.

What Exactly Is the ‘Right to Disconnect’?

Simply put, the ‘Right to Disconnect’ gives employees the formal right to unplug from work when they’re off the clock. This means that outside of your usual work hours, you’re not obligated to monitor, read, or respond to work-related contacts – whether that’s from your boss, colleagues, or even clients – unless refusing to do so would be considered unreasonable.

So, What Makes a Refusal Unreasonable?

Not every situation is black and white, and the Fair Work Act 2009 has outlined several factors to help determine if refusing to respond outside of work hours is unreasonable. These factors include:

The Reason for Contact: Is it an emergency, or something that can wait until your next workday?
Extra Compensation: Are you being paid or compensated for being on call or working extra hours?
Your Role and Responsibility: Do you hold a position where after-hours contact is part of the job?
Personal Circumstances: Do you have family or caregiving responsibilities that make it difficult to respond outside of work hours?

When Does This Come Into Play?

Mark your calendars:

For businesses with 15 or more employees, the right to disconnect starts on 26 August 2024.
For smaller businesses with fewer than 15 employees, you’ve got until 26 August 2025.

Why Does This Matter?

We’ve all seen the impact of burnout, with stats showing that over 50% of Australian workers felt their workload was unmanageable at least once a month, leading them to take a day off. This reflects the broader issue of digital exhaustion and the challenges employees face with balancing work responsibilities, especially in a hybrid or remote working environment.. This new law acknowledges that people need time to recharge and that being always available isn’t sustainable in the long run.

The Right to Disconnect isn’t just beneficial for employees – it’s a win-win for everyone involved. Employers can contact their staff when it’s convenient for them, knowing that employees will respond when it suits their own schedule. This flexibility means that work gets done without intruding on personal time, contributing to a more balanced and sustainable work environment. As we move towards a society that values work-life balance, this law represents a significant step forward. It allows for the necessary flexibility in communication while respecting the boundaries that employees need to maintain their well-being.

What’s Next?

The Fair Work Commission is required to add a ‘right to disconnect’ clause into all modern awards by 26 August 2024. They’ll also be providing written guidelines on how this right should be applied in workplaces.

If you’re an employer, it’s important to start thinking about how this might impact your business operations and communication norms. And if you’re an employee, it’s worth getting familiar with your new rights.

Should any disputes arise, they should first be addressed internally at your workplace. If unresolved, the Fair Work Commission can step in to help. For more details, check out the Commission’s website.