Australia Passes Right To Disconnect Bill; Allowing Employees To Ignore Calls After Working Hours

Last week Australia passed a law that allows workers to ignore unwanted calls and messages from their employer post working hours without any consequences.

If the employer breaches this law, they’ll not only have to pay a fine but might also face jail time depending on the severity of the case— for now.

The bill was proposed by the Fair Work Legislation Amendment and that has managed to ensure that it is passed by both houses on Monday. It is yet to be confirmed by the House of Representatives.

However, there has been a fair degree of disagreement between the Liberal and Labor parties over the criminal charges proposed in the bill. The latter has promised to remove criminal penalties while keeping the civil penalty in place.

In exact words of the bill, it gives Australian workers the right to “refuse to monitor, read or respond to contact (or attempted contact) from an employer outside of their working hours.” .

The clause is subject to exception in case of emergencies because the main purpose behind the bill is to stop employers from exploiting their team by demanding extra work without extra pay.

The factors that make a case an exception haven’t been outlined, at least not yet. However Australian law firm MinterEllison has analyzed the bill and reported that factors like the cause of communication, contact method, compensation, and how disruptive the contact is will all be taken into consideration.

These laws are a response to a growing trend of emailing and texting employees after work with the expectation of a reply. This naturally extends the work day of the employees without an increase in their pay.

While digitization has simplified many business processes, in a way it has also blurred personal boundaries. This is what the law seeks to change.

How Are The People of Australia Taking The Bill?

The bill has received mixed reactions. The Business Council of Australia is particularly unhappy with the bill, especially the proposed criminal charges. They feel there hasn’t been enough discussion about it before making it official.

The Australian Opposition party has even promised to remove the bill if they win the next election.

Australia’s union movement on the other hand has praised the decision, citing it as an important step towards regaining work-life balance post-Covid. They also said that many Australian workers often end up working 280+ unpaid hours every year. This law could change that.

One thing that stands out in this bill is the requirements added for operators of digital platforms such as Uber. Although they are independent contractors, the bill aims to set minimum standards that will give them employee-like benefits.

It remains to be seen when the bill comes into legal effect and how businesses deal with it. Employees, on the other hand, will definitely be the happier side with this law.