2024-08-25 20:31:49
From today (Monday 26 August), many employees in Australia will have a new right to The right to leave work.
This means they have the right to refuse to read or respond to work-related calls, text messages and emails outside of working hours unless the refusal is unreasonable.
The Fair Work Commission said What is important It’s whether the refusal was unreasonable, not whether the attempt to contact was unreasonable.
Factors that determine whether a refusal is unreasonable include the employee’s role, personal circumstances, how and why they were contacted, the level of disruption caused to them and whether they were compensated for being able to work or work overtime.
Those working in small businesses (those with fewer than 15 employees) will be given the right to disconnect in August 2025.
As with any change in employment conditions, it raises Heated debate.
Supporters say disconnection rights are needed to slow Infringement Work will be integrated into personal life. Opponents say this will undermine Productivity and flexibility.
Fortunately, we have clues from overseas to guide us.
France It was the first country to introduce the right to disconnect power in 2017, followed by Belgium, Italy, Argentina, Chile, Luxembourg, Mexico, the Philippines, Russia, Slovakia, Spain, Ontario, Canada, and Ireland.
An analysis of these laws and their impacts we are writing for the Journal of Industrial Relations finds that while these laws can improve work-life balance and well-being, their success depends on how they are implemented and enforced. In every workplace.
Employers who take right-to-disconnect laws seriously offer more compensation For those employees whose work is interrupted, companies will give them more compensation in the form of salary or compensatory time off. Unpaid overtime is more common in companies without right-to-disconnect policies.
In countries with power disconnection rights, only about 45% of workers said they knew their workplace offered power disconnection services, and only about half said they knew Take Action.
What matters is consensus in the workplace
In some countries, including France, the law requires employers and employee representatives to come together to negotiate specific rules about when work stops and personal time begins.
This means that in France, there is usually a clear protocol in place for when employees can ignore emails or phone calls.
In Belgium, the law does not force companies to exercise this right, but encourages discussion of it within health and safety committees. So while there are no strict rules forcing companies to ensure employees can unplug, there is a system in place to have a conversation about it.
What is common in every country is that employers and employees need to work together to find a balance between work and personal time.
This suggests that simply introducing legislation is not enough: effective implementation requires clear guidelines, awareness-raising and a cultural shift In the workplace.
Companies need to get things right from the start
A key challenge for Australia is to define what constitutes “Reasonable” What to say no to and what not to say no to regarding work-related contacts.
The Fair Work Commission wants employers and employees to try Solve this problem yourself The dispute is then escalated to the committee.
An important part of this is consulting In the workplace At the beginning of development train and protocol Tailored to each role.
There are also practical steps that workplaces can take to Curbing traffic Work-related information, such as disabling notifications after hours, setting automatic out-of-office replies, and scheduling emails instead of sending them immediately.
Employers should lead by example
The biggest challenge will be a cultural shift that prioritizes employee well-being. Hyperconnectivity doesn’t have to be The inevitable result Modern working life.
Managers should Setting an example By respecting non-working hours and avoiding after-hours communication.
It is far from clear whether the new right will survive. Opposition Leader Peter Dutton has promised Revocation of rights If he wins the next election, he says it will make it impossible for some businesses to hire staff.
Success depends on employers and employees agreeing on clear ground rules from the outset.
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