Australians will soon have 'the right to disconnect' – but will it work?

Listen up, workaholics

• In this article:

• What the newest laws around work communications mean

• How they aim to address our obsessive work culture

• How similar laws around the world have benefitted employees

Next week, Australian employees will be legally protected should they choose to ignore work communications occurring outside contracted work hours. Here’s what this means.

New laws are set to come into force across Australia next week, potentially helping shift our ever-growing excessive work culture. 

With our work-life balance under more pressure than ever before, the changes headed by Fair Work have been designed to protect Australians’ legal right to enforce boundaries in – and outside of – the workplace. 

The changes come at a time when our nation and citizens have never been more connected – a result of pioneering technological advances and flexible working models perfected during the global pandemic. But while it is easier to connect and collaborate with colleagues than ever before, Aussies are often expected to be constantly contactable as a consequence.

What is the right to disconnect?

The legislative measures set to come into play have been designed to allow Australians to foster a healthier approach to work-life balance, protecting their right to refuse to respond to after-hours work communications. 

While most jobs have set working hours – such as a 9 AM to 5 PM office-based role – many employees are often expected to make themselves available outside these hours. More often than not, employees abide by these expectations due to fears surrounding job security and the rising cost of living.

Given the unwritten expectations and high-pressure work culture in some careers and institutions, many employees feel pressured to respond to work-related communications that may happen after hours, on pre-scheduled annual leave days and when employees have taken time off due to illness or a medical emergency.  

Many Aussie employees feel pressured to remain constantly contactable outside work hours. Image: Pexels

How will the right to disconnect work?

As of August 26th, the laws will come into full effect for businesses with 15 or more employees. While managers will not be restricted when it comes to when they can contact employees, the employees themselves will be protected by the law should they choose to not monitor, read or respond to communications outside work hours. 

While the new laws a no doubt a positive step in the right direction, they alone will not dismantle Australia’s obsessive work culture, according to Rachael Potter from the Centre for Workplace Excellence at the University of South Australia.

"It's a very positive step forward, but it will still be quite challenging to ignore a manager if they contact you out of hours," Potter tells the ABC.

"We need a culture that doesn't encourage and reward sending late-night emails, and it's up to an employer to set the tone, she adds"

How have similar laws worked around the globe?

Based on similar laws previously introduced in up to 25 countries around the world, Australia is expected to experience a positive shift in work-life balance.

France introduced legislation in 2017 requiring companies to negotiate communication agreements with employees, a measure designed to protect the health and well-being of workers in the modern digital landscape.

Based on data from more than 1,600 employee surveys across companies in Europe currently abiding by similar laws, 70 per cent of workers consider the impacts to be positive on their mental health and well-being, and 92 per cent of surveyed workers report very high levels of job satisfaction.

Originally published as Australians will soon have 'the right to disconnect' – but will it work?