Australia's Right to disconnect: Workforce in Australia does not need to pick work calls after work hours. What exactly is this right?

Australia is all set to enact the "right to disconnect" this month. The right caters to safeguarding the workforce of Australia from being punished or penalized for overlooking official communication in the form of emails, messages, or calls, outside of the employee's official working hours. As per the new law, a company could be bound to face consequences in case it penalizes its workforce for not answering to work-related communication held outside of the working hours of the workforce. The regulation addresses the workplace culture of being "always on".

It was on February 12 when the regulation was approved by the Australian Parliament. This single yet significant change has brought forward great delight to the workforce. As per the workers' unions, this very change is considered a step was taken in the "right direction". 

We’re giving workers a right to disconnect, so you'll be protected from unreasonable contact outside of work hours. pic.twitter.com/aA5bRaVUBj

— Anthony Albanese (@AlboMP) February 8, 2024

However, while the regulation sounds like a breath of fresh air for the workforce, it has also attracted significant criticism. There exists a threat of criminal penalties on the employers in case they breach the rule. Many business leaders and politicians criticize the rule and call it nothing less than a "rushed and flawed" rule.

The right to disconnect

The present-day digital world seems like a never-imagined one as it holds the capacity to connect the entire world. The endless modes of communication have made it super easy for one to connect with the other at any time, from anywhere, in just a fraction of a second. While this proves to be a boon of technology, every coin has two sides. Fast-paced advancements in digital technologies and tools have made communication a cakewalk in the last decade. This has opened doors for tremendous possibilities of remote work. The culture of remote work has changed the dynamics of the physical workplace. Enhanced flexibility has been one of the merits. Moreover, with the work-from-home setup, the workers are not required to spend hours of time and energy on travel. However, the work-from-home setup made it difficult for people to draw a firm line between their personal and professional lives.

In the times when the pandemic hit the world recently, the workforce was made to work from home. This made it difficult for people to maintain a healthy work-life balance. People struggled to switch off from work even after their working hours. The expectation of being constantly available to cater to work duties even after working hours became the new norm.

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There have been laws relating to the right to disconnect with European Countries such as France. The workers union in Australia advocated for their "right to disconnect". In the month of December of the pandemic year 2020, a non-binding resolution urging the European Commission to bring about a "right to disconnect" from work at home was passed by the Committee on Employment of the European Parliament.

The "always-o" culture adversely impacted the mental health and productivity of the workforce, which led to the demand for a "right to disconnect" surge in Australia.

In the year 2021, the Victoria Police managed to get the right. Similar agreements were made in the banking sector of the country as well. Yet, the problem somehow got overlooked at the State and federal levels.

A Senate Select Committee talked about the matter of "availability creep" in March 2023. The Committee recommended the execution of a "right to disconnect" for workers. It also recommended stringent penalties for employers who get involved in wage theft via unpaid additional work hours. Barbara Pocock, the Australian Greens Senator, and the committee chair emphasized the importance of a modern social contract that decreases the burden on workers who balance care responsibilities alongside their regular jobs. Consequently, the proposed legislation was included in the Fair Work Legislation Amendment (Closing Loopholes) Act of 2023, which proposed wider reforms to the central workplace legislation of Australia, the Fair Work Act.

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