Australia’s ‘disconnect’ law comes into effect. Trade unions believe the benefits are mutual

Stephen Howland works in the Australian financial sector. He claims that the lines between his private life and his work have long been blurred, leading to burnout.

– The workload is getting heavier. “I’m expected to be God because I work in finance,” Stephen says.

Last year, the average Australian worked an average of 281 hours of unpaid overtime. The value of the work of people working after hours was estimated at around A$130 billion, or roughly PLN 340 billion.

The right to “disconnect” that came into effect in Australia aims to restore work-life balance. Under the new regulations, employees have the right to ignore their bosses outside of working hours.

“This law is really important. We spend so much time glued to our phones, checking emails all day long. It’s really hard to switch off,” says Rachel Abdelnour, an Australian advertising executive.

The new law does not prevent bosses or co-workers from contacting each other. It gives employees the opportunity to ignore messages and phone calls without risking disciplinary action. This means that an employer can send an email, for example, at 11 p.m., but the employee is not required to read it.

– In emergencies, employers and employees can contact each other after hours. It’s a question of whether that’s reasonable, says Michelle O’Neill of the Australian Council of Trade Unions.

– The term “reasonable” is a problem for many employers who say the question of which contacts are appropriate and which are not is not clearly defined. They believe there will be conflict, says Chris Kohler, Nine News reporter.

“This will end up with a lot of legal action. Cases will go to court. This will take some time,” predicts Innes Wilcox of the Australian Industry Group.

Read also: From today they can ignore their bosses.

Employers and employees must resolve disputes between themselves. If this is not possible, the Australian Fair Work Commission will step in and have the power to impose financial penalties on both parties. In the case of an employee, the fine could be up to AU$19,000, or around PLN50,000. The employer will have to pay almost five times that amount, up to US$94,000, or around a quarter of a million PLN.

Some employees may mistakenly believe they can completely disconnect from work-related messages and not respond to them. On the other hand, employers may believe that all communication is off-limits. Fiona MacDonald of the Centre for Future Work says this will take some getting used to on both sides.

The new law applies to places that employ more than 15 people. Small businesses will be covered by it in August next year. Trade unions believe the benefits will benefit not only employees but also employers, as the people they employ will be more comfortable and therefore more productive. However, business leaders argue that the new regulations are unnecessary and could lead to job losses.

“The world has changed, and workplaces that embrace these types of practices are reaping the benefits of happier employees. Companies are starting to value the productivity and engagement of the employees they want to retain. We need to make sure Australian workers aren’t racking up unpaid overtime while they sit in the office, answering emails and answering phones in their spare time,” says Murray Watt, Australia’s Minister for Employment and Workplace Relations.

Similar regulations apply in more than 20 countries. France is a pioneer, where as of January 1, 2017, employees are not required to respond to work emails and phone calls after working hours. The law applies to companies employing more than 50 people.