Everything you need to know about new ‘right to disconnect’ from work laws

Victorians will be able to ignore after hours contact from their bosses, with impunity, if controversial, new industrial relations laws are passed today. Here’s everything you need to know.

Victorians will be able to ignore after hours work calls and emails with impunity if industrial relations reforms being debated in parliament this week are passed.

The controversial reforms — being pushed by the Greens and which could be passed on Thursday — would give workers the legal right to disconnect from their employment and bosses, disregarding any work messages, when they are not officially on shift.

Victorian Chamber of Commerce and Industry chief Paul Guerra told the Herald Sun on Thursday if the reforms were passed “the impact on business will be significant and pose new challenges”.

“We’ll be doing a deep dive once the legislation passes – (as) we still expect some surprises,” Mr Guerra said.

Here’s what we know about the ‘right to disconnect’ reforms at the moment.

Workers can ignore work calls once they’ve left the office or finished a shift under the new laws.

Why are the reforms before parliament?

Giving workers the “right to disconnect” was among a range of concessions Labor agreed to, in order to secure crossbench support for its Closing Loopholes bill, which is now expected to pass parliament on Thursday. The industrial relations reforms are chiefly about the gig economy and casual employment, but the Greens are pushing to insert “right to disconnect” laws reforms.

Is the Labor government likely to support the reforms?

On Wednesday, the Albanese government indicated it supported the amendment.

Why are they being proposed?

It’s claimed technology — or the “digital leash” — has extended the working day far beyond when employees are paid for their time and Australians are increasingly seeing their work seep into their home life, making it hard to ever fully shut-off and diminishing the work-life balance most people seek.

During the Senate education and employment legislation committee last year, teachers from the independent Education Union of Australia said the technological shift over the past few years meant teachers were always contactable by parents, which was leading to burnout.

According to a 2022 report by the Centre for Future Work, 71 per cent of workers surveyed had worked outside their scheduled work hours often due to overwork or pressure from managers, and remote working in Covid had exacerbated the situation.

The out of hours contact led to increased tiredness, stress or anxiety for about one-third of workers surveyed, disrupted relationships and personal lives for more than one-quarter, and lower job motivation and satisfaction for around one-fifth.

Parliamentary inquiries have also highlighted the negative consequences of working outside scheduled hours for mental and physical health, productivity and turnover.

Could workers be punished for ignoring important after-hours calls?

No, workers couldn’t be punished for ignoring their bosses after hours under the reforms.

Could bosses be punished for making after hours contact?

After initially agreeing to a Greens request to legislate a “right to disconnect” that would result in employers being fined for contacting staff after hours, the amendment was walked back to instead give workers the right to “ignore” contact without penalty.

However, it is being reported that the new laws would allow workers to approach the Fair Work Commission if they felt they had been inappropriately and repeatedly contacted by their managers outside work hours, and if the Commission found in favour of the worker, the employer could face fines or even criminal sanctions if the out-of-hours contact continued.

Does it means bosses can never contact workers outside rostered shifts?

Probably not. Industrial Relations Minister Tony Burke has indicated the right to disconnect legislation will provide employers with “reasonable grounds” to contact their employees outside work hours. This might include calling employees to see if they can fill a shift, in an absolute emergency or to check on their welfare.

The reforms are designed to stop “the seep” of work into home and family life.

Does everyone support the proposed changes?

No. The minister for employment and workplace relations, Tony Burke, has spent the week in conversations with the Greens and independent senators David Pocock and Jacquie Lambie, who both held reservations about the legislation.

Business groups say legislating the right to switch off is unnecessary and could lead to the loss of jobs, and while some unions support it others would prefer overtime be paid.

Australian Chamber of Commerce and Industry chief Andrew McKellar has blasted ‘right to disconnect’ as “the final step in Australia becoming a banana republic”, and said if the amendment is passed it could negatively impact women’s participation in the workforce.

“This sort of heavy-handed legislation risks taking Australia back to a rigid working environment that is undesirable for parents, especially women,” Mr McKellar said.

“This rigidity also undermines the case for working from home, which appeals to many employees with family responsibilities. This is adequately dealt with by existing laws. It’s not necessary to prescriptively enshrine conditions of employment in this way.”

What about police?

Victoria police actually adopted the right to disconnect in 2019 – with caveats. If the situation is deemed to be an emergency or an individual’s safety is threatened, superiors are allowed to contact officers, although they are meant to be paid for out-of-hours contact.

“The intent is to support a culture of rest and separation and to aid overall health and wellbeing,” a Victoria police spokesperson said. “The change has been well received among our workforce, with feedback overwhelmingly positive.”

Is the ‘right to disconnect’ new and peculiar to Australia?

No. Many countries in Europe, Asia, North America and South America have already established laws or regulations limiting employers contacting workers outside work hours. And at least 56 enterprise agreements currently operating in Australia provide a right to disconnect. This includes agreements covering teachers, police officers and various banks and financial institutions.

Originally published as Everything you need to know about new ‘right to disconnect’ from work laws