Major change coming for millions of workers on August 26 — here’s what it means
From today, workers will be able to ignore after-hours calls and emails from their bosses without punishment. Here’s how the new laws will affect you.
Victoria
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Australians will be able to ignore after hours work calls and emails with impunity from today as “right to disconnect” laws take effect.
The federal laws, which came into affect on August 26, protect workers from being forced to take non-emergency calls and respond to emails outside of business hours.
The controversial reforms were introduced in response to the “digital leash” on employees that has extended the working day far beyond their paid shifts.
As a result, employees of large companies can refuse to respond to “unreasonable” after-hours calls from their employer.
That means an employer cannot sack a worker for failing to answer the phone, an email or a text message if it’s after hours, unless there is a very good reason.
Reasonableness will be determined according to the worker’s job responsibility level, how disruptive the contact was and whether the employee was compensated.
Where the contact is required by law, not picking up the phone to your boss will be deemed unreasonable.
Companies who breach the rules face fines of up to $19,800.
The new rules will apply from Monday to all businesses with more than 15 employees.
Smaller companies have another 12 months to sort out their protocols before the rule comes into play for them on August 26, 2025.
Employees who want to make a complaint about after-hours calls should lodge it with the Fair Work Commission.
Australia’s “right to disconnect” follows similar laws in several countries in Europe, Asia, North America and South America which limit employers’ contact with employees outside work hours.
There are also at least 56 enterprise agreements already in operation in Australia that provide a right to disconnect, including agreements covering teachers, police officers and workers at various banks and financial institutions.