Employees “Down Under” will be on top in the future!
In Australia, employees no longer have to be permanently available to their bosses – not even by phone! Since Monday, millions of employees in the land of kangaroos and koalas have had the “right to be unavailable”.
This means that employees no longer have to respond to text messages, emails or calls outside of regular working hours. The new regulation applies to companies with more than 15 employees. For smaller companies, it will come into force on August 26, 2025.
▶︎ Prime Minister Anthony Albanese (61) said on ABC TV that this would ensure “that people who are not paid 24 hours a day do not have to work 24 hours a day.” The main reason, according to the politician: mental health!
Australian Prime Minister Anthony Albanese (61)
Foto: Tracey Nearmy/REUTERS
The unions are cheering! Michele O’Neil, president of the workers’ association ACTU, says that in the future people will no longer be exposed to the stress of “constantly having to answer unreasonable calls and emails from work.”
What applies in Germany?
We do not yet have such an explicit right, but it arises from the legislation on working hours. There are similar laws in France, Spain and Belgium.
The Confederation of German Employers’ Associations (BDA) explains: “The Working Hours Act sets out clear rules in connection with the contractually agreed working hours.” There is therefore no need for a legal regulation on unavailability.
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According to the Federal Ministry of Labor, employees are generally not obliged to be “available to employers outside of agreed working hours.” Other regulations can be agreed in the employment contract or works agreement.
By the way: There are exceptions in Australia too! Employees are not allowed to refuse to contact someone if this would be “inappropriate”. What this means in concrete terms is for the courts to clarify.