Is your boss texting you on the weekend? Are work emails still pinging long after you’ve left the office? Australian employees can now legally ignore such intrusions into their personal time, thanks to a new “right to disconnect” law aimed at curbing work-related communications outside of office hours. This new regulation, which took effect on Monday, generally protects employees from being penalized for not responding to work communications outside their designated work hours.
Advocates of the law believe it empowers workers to push back against the growing encroachment of work emails, texts, and calls into their personal lives—a trend that has intensified since the COVID-19 pandemic blurred the lines between home and work.
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“Before digital technology, there was no encroachment; people would finish their shift, go home, and there would be no contact until they returned to work the next day,” said John Hopkins, an associate professor at Swinburne University of Technology. “Now, it’s normal worldwide to receive emails, SMS, and phone calls outside of working hours, even while on holiday.”
According to a survey by the Australia Institute, Australians worked an average of 281 hours of unpaid overtime in 2023, with the monetary value of that labor estimated at A$130 billion ($88 billion). Australia now joins roughly two dozen countries, mainly in Europe and Latin America, with similar laws. France pioneered these rules in 2017, and a year later fined pest control firm Rentokil Initial 60,000 euros ($66,700) for requiring an employee to be constantly reachable by phone.
Rachel Abdelnour, an advertising professional, said the new law would help her disconnect in an industry where clients often work outside of regular hours. “I think it’s really important that we have laws like this,” she told Reuters. “We spend so much time connected to our phones and emails all day, and it’s already difficult to switch off.” The law includes provisions for emergencies and jobs with irregular hours, allowing employers to contact their workers, but employees can refuse to respond if it’s reasonable to do so.
Australia’s Fair Work Commission (FWC) will determine whether a refusal is reasonable by considering an employee’s role, personal circumstances, and the context of the contact. The FWC has the authority to issue cease and desist orders and, if necessary, impose fines of up to A$19,000 for individuals or A$94,000 for companies.
However, the Australian Industry Group, an employer association, has expressed concerns that the rule’s ambiguity could lead to confusion for both employers and employees. They argue that it may reduce job flexibility and, consequently, slow economic growth. “The laws came literally and figuratively out of left field, were introduced with minimal consultation about their practical effect, and have left little time for employers to prepare,” the group said.
Michele O’Neil, president of the Australian Council of Trade Unions, argued that the law’s built-in exceptions ensure it won’t interfere with reasonable requests but will prevent workers from suffering due to poor management planning. She cited an example of a worker who finished a shift at midnight, only to be texted at 4 a.m. to return by 6 a.m. “It’s so easy to make contact now that common sense doesn’t always apply,” she said. “We think this law will make bosses think twice before sending that text or email.”
