 "Everything you need to know about Australia Right to Disconnect Bill")
The government of Australia is looking to pass a law on "Right to Disconnect" to regulate timings for when bosses are allowed to contact employees beyond their working hours via phone calls, messages or emails. The Bill was passed in the Senate on February 8 and will be presented to the House of Representatives.
Similar laws have already been passed in France, Italy, and Belgium, while other countries have considered adopting similar bills. Here is a closer look at the Bill, what it entails, its benefits and potential drawbacks.
What is 'Right to Disconnect'?
The concept of the 'Right to Disconnect' stems from the recognition that modern technology blurs the boundaries between work and personal life. With the ability to work remotely, employees often find themselves engaged in work-related communications beyond traditional office hours. This phenomenon, exacerbated by the pandemic, has led to concerns about stress and burnout among workers.
The Minister for Employment and Workplace Relations, Tony Burke, defended the Bill to Australia's public broadcaster, stating, "Some people are now constantly in a situation of getting in trouble if they're not checking their emails... Workers shouldn't be obligated to respond to messages during uncompensated hours."
In 2022, while speaking with the BBC, Belgium Public Administration Minister Petra De Sutter emphasised that the current work culture was having an adverse effect on the population, stating, "The result will be stress and burnout, and this is the real disease of today."
What does Australia's Right to Disconnect Bill 2024 say?
Australia's proposed legislation is part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill, 2023. Under the Bill, employees have the right to refuse to engage with employer communications outside of their designated working hours, unless deemed unreasonable.
Australian Prime Minister Anthony Albanese, spearheading the Bill, has said that people should not be penalised for not being "online and available for 24 hours" when they are not paid for those hours.
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The Bill reads, "An employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee's working hours unless the refusal is unreasonable."
What constitutes "unreasonable" under Australia's Right to Disconnect Bill?
The term "unreasonable" encompasses various factors, including compensation for overtime work, the purpose of the contact, and its impact on the employee's well-being. While acknowledging the need for occasional after-hours communication, the legislation's purpose is to prevent the exploitation of workers who are only paid for their designated work hours.
In case of disputes regarding unreasonable contact, workers should try to resolve the situation initially through workplace discussions. If unresolved, the matter can be escalated to the Fair Work Commission, with potential fines for non-compliance.
However, the legislation does not interfere with situations requiring on-call duties or emergency response.
Criticism of Australia's Right to Disconnect Bill 2024
A joint statement from the CEOs of Australia's chambers urged the Senate to reconsider this bill, arguing that it would harm growing businesses. While acknowledging existing legal protections against working unreasonable additional hours outside of work, the statement highlighted the flexibility modern technology provides to the workforce. They added that such legislature could hinder business operations and discourage flexible work arrangements, particularly for women with family responsibilities. Concerns also arise regarding the potential for discrimination against employees advocating for their right to disconnect.
"We cannot allow industrial relations laws to make it harder for hard-working business owners to generate the wealth we enjoy as a nation.," the statement read.
Have other countries passed similar laws?
France pioneered the Right to Disconnect legislation in 2017, requiring companies to establish guidelines for after-hours communication. Ireland has had a Code of Practice on the Right to Disconnect since April 2021, and Luxembourg also enforced the rule from June 23, 2023 onwards.
Argentina, Chile, Mexico, and Ukraine's Right to Disconnect applies primarily to employees who work remotely, at home or as teleworkers. Greece took this a step further by establishing a domestic law that required teleworkers to completely abstain from providing work during non-working hours and holidays on December 3, 2022.
In December 2021, Portugal introduced a general duty for employers to avoid contacting employees outside of working hours, while Italy has made a reference to 'smart-working', but no legal protection has been passed,
Many countries, including Sweden, the Netherlands, Germany, and Denmark, do not have any specific regulations regarding employee's right to disconnect. However, it is not common for employers to communicate outside of work hours.
India's Right to Disconnect Bill of 2018
In India, the Right to Disconnect Bill of 2018 was drafted by Baramati MP Supriya Sule, which aimed to empower employees to negotiate terms for out-of-work communications. However, this has yet to gain traction in legislative discussions.