Starting today, Australian workers have a new law that allows them to disconnect from work outside of working hours, without fear of retaliation.
The law is intended to curb the intrusion of work emails, text messages and calls into personal lives, a problem that has been exacerbated by the COVID-19 pandemic, which has blurred the boundaries between home and work.
The law, known as the “right to disconnect,” states that employees cannot, in most cases, be penalized for refusing to respond to work-related communications outside of work hours.
John Hopkins, an associate professor at Swinburne University of Technology, said that before the digital age, this type of invasion did not exist, as workers would completely disconnect at the end of their shift.
According to a study by the Australia Institute, In 2023, Australian workers worked an average of 281 hours of unpaid overtime, valued at A$130 billion.
It is worth noting that with this new legislation, Australia joins a group of about two dozen countries that have implemented similar laws, mostly in Europe and Latin America.
However, the law allows exceptions for emergency situations or work with irregular hours. In these cases, employers can contact their employees, but they will only be obliged to respond if it is reasonable to do so.
The Fair Work Commission, Australia’s employment arbitrator, will determine in what circumstances a refusal is reasonable, taking into account the employee’s role and the circumstances of the contact.
Despite its benefits, the law has raised concerns in the business sector. The Australian Industry Group, a business lobby group, criticised the lack of clarity on how the rule will be applied, warning that it could create confusion and reduce workplace flexibility, negatively affecting the economy.
However, proponents of the law see it as a necessary step to protect work-life balance in the digital age.
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