I’m off for good – and I’m off for real: In Australia, employees no longer have to be reachable after work.
Finally, it’s time to go home. If you get on the tram exhausted and mentally say goodbye to the sofa, you’re often thrown off by the harsh reality. Because when you look at your mobile phone, work is right back in your mind: your boss urgently needs documents for a presentation, your colleague is looking for an invoice and your customer wants to reschedule an appointment.
In the digital age, work-life balance can easily get out of hand. And with it, mental well-being, even burnout. The problem has long been recognized, and not only in Australia.
The right to unavailability
But parliament has now reacted – by passing a law. The “right to disconnect” now applies throughout the country. In future, employees will no longer have to be reachable after work. Phone calls, emails, etc. can be safely ignored.
The “After Work Law” in detail
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The so-called “Fair Work Legislation Amendment” allows millions of Australian workers to refuse attempts to contact their superiors. Employees in medium and large companies can now switch off their mobile phones after work and no longer have to respond to emails.
For employees in companies with fewer than 15 employees, the new rules will not come into force for another year. But there are exceptions – for example, when ignoring attempts to contact someone is inappropriate, especially in the case of a work-related emergency. The question of what is “appropriate” and what is not is likely to give rise to legal disputes.
“We want to make sure that people who are not paid 24 hours a day don’t have to work 24 hours a day,” said Prime Minister Anthony Albanese in an interview with Australian broadcaster ABC. “It’s also a mental health issue, because it’s about people being able to step away from their work and get back to their families and their lives.”
A model for Switzerland?
In this country, the words are likely to fall on fertile ground. According to a recent survey by Travailsuisse, over 60 percent of employees regularly work in their free time. “This leaves too little time for family and social activities and there is a lack of balance and opportunities for relaxation,” criticizes the trade union organization.
The survey also shows that stress and exhaustion in the workplace have been increasing for years. So do we also need a right to switch off? Being able to “switch off” in your free time is crucial for employees’ mental health, says work and organizational psychologist Nicola Jacobshagen. “If you have to be available 24/7, it’s difficult to recover from your job.”
Caption: France was the first country to introduce a right to switch off for employees in 2017. There are similar laws in around 25 countries worldwide. Keystone/DPA/MARIJAN MURAT
However, everyone is free to not answer a call or not check their mailbox. For the psychologist, whether you really put work aside is primarily a question of company culture: “If managers and employees set an example by showing that they are available at all times, you will do the same yourself.”
However, Jacobshagen doubts that a new corporate culture can be imposed by law: If behavior in the company does not change fundamentally, the pressure on individual employees will remain high despite their “right to switch off.” For fear of being seen as unmotivated or less willing to perform, they are always ready.
Federal Council sees no need for action
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In the spring, Green National Councillor Greta Gysin submitted a political proposal for the right to remain unavailable. However, the Federal Council rejected this proposal. The reason given was that clear legal restrictions already apply today.
According to the state government, the employer has no right to be able to contact employees during rest periods, and employees have the right not to be contactable. The motion and the Federal Council’s full justification can be found here here.
Legally, it is also difficult to prosecute any misconduct. In Australia, it will soon be possible to call on an arbitration board if a dispute arises in a company. Only if no solution can be found will the labour courts decide. Ultimately, politicians will probably hope that the “right to disconnect” will be seen as a wake-up call. After all, healthy staff is also in the interests of employers.
