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Australia’s New Law Grants Workers Right to Disconnect from Employers After Hours

New Legislation Enforced

As of August 26, 2024, Australia has introduced new legislation allowing workers to legally disconnect from work-related communications outside of their standard working hours. This law permits employees to ignore unreasonable calls, texts, and emails from employers after work hours, unless their refusal is deemed unreasonable by a tribunal.

Prime Minister’s Endorsement

Australian Prime Minister Anthony Albanese supported the reform, emphasizing its importance for maintaining a healthy work-life balance. He stated, “Just as people don’t get paid 24 hours a day, they don’t have to work for 24 hours a day.” Albanese highlighted that the legislation addresses mental health concerns by allowing workers to separate their professional duties from personal time.

Union Approval

The Australian Council of Trade Unions praised the new law as a significant achievement for worker rights. Michele O’Neil, the union’s president, called it a historic advancement, enabling Australians to spend quality time with family without the pressure of responding to work communications. She noted, “Today is a historic day for working people,” reflecting the law’s positive impact on work-life balance.

Industry Response

The Australian Industry Group, however, criticized the legislation, describing it as “rushed” and “confusing.” They expressed concerns about potential disruptions in workplace communication and flexibility, particularly regarding whether employers can contact employees about additional shifts outside of regular hours. The group emphasized the need for clearer guidelines to avoid ambiguity in implementation.

Implementation Details

The law, enacted in February 2024, applies immediately to medium and large companies. Smaller companies with fewer than 15 employees will be required to comply by August 26, 2025. Under the new regulations, tribunals can issue orders if either party is found to be unreasonably refusing or demanding out-of-hours contact. Factors considered will include the nature of the employee’s role, the reason for contact, and compensation for additional hours.

Global Context

Australia’s new legislation is similar to laws in European and Latin American countries, such as France’s “right to disconnect” law introduced in 2017. These regulations aim to address the challenges posed by an “always-on” culture driven by digital technology and promote a healthier work-life balance.

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