What is Australia’s ‘right to disconnect,’ and what it means for workers | Explained    Premium

What is the right to disconnect? How does the Australian law seek to protect its workforce? Read The Hindu explainer on Australia’s new law.

The story so far: Following the lead of European countries, Australia this month enacted the ‘right to disconnect’ to protect its workforce from being penalised or punished for ignoring official communication in the form of calls, messages or emails outside of regular working hours. Under the new law, a company could face consequences if it penalises an employee for not responding to work-related communication outside of work hours. The regulation, introduced as an amendment to a broader parliamentary Bill focusing on workplace relations, work health, safety, compensation and rehabilitation, seeks to address the ‘always-on’ workplace culture.

Approved by the Australian Parliament on February 12, the law has brought some cheer to the working population, with workers’ unions welcoming the change as “a step in the right direction.” However, the looming threat of criminal penalties on employers for breaching the rule has sparked debate, with some politicians and business leaders criticising it as a “rushed and flawed” legislation.

The last decade saw rapid advancements in digital tools and technologies, making communication possible anytime and anywhere. This opened up endless possibilities for telework and remote work, forever changing the dynamics of the traditional physical workplace. It led to greater flexibility and autonomy for workers by eliminating the need for travel, but also presented new challenges, with people struggling to maintain the boundaries between their personal and professional lives.

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The COVID-19 pandemic and the shift to ‘work from home’ further blurred the boundaries as people found it difficult to switch off from work. Complaints emerged about “availability creep,” an urban trend defined as the pressure felt by employees to be constantly available to perform their work duties. 

Workers’ unions have long advocated for the ‘right to disconnect,’ with similar laws already in place in European countries like France. Italy, Belgium, Spain, Ireland and Portugal followed suit as the issue gained prominence during the pandemic and people demanded legislative protection to switch off from work without fear of penalty. In December 2020, the European Parliament’s Committee on Employment passed a non-binding resolution calling on the European Commission to enact into law a “right to disconnect” from work while at home.

Amidst concerns about the impact of an ‘always-on’ culture on productivity and mental health, a push for a right to disconnect gained momentum in Australia against the backdrop of the pandemic, as workers sought to leverage a tight labour market to improve work-life balance.