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Australians can ignore their bosses outside of work hours, according to a new law brought to tackle work-related mental health issues. The Fair Work Amendment (Right to Disconnect) Act, which amends the Fair Work Act 2009, moved through parliament earlier this year and will be implemented from August 26.
The “Right to Disconnect” Act protects employees who refuse to monitor, read, or respond to any contact from their employers outside work hours. It, however, allows circumstances where an employee’s right to refuse is “unreasonable”, depending on their role, the reason for the contact, and how it is made, among other factors.
According to the law, some factors must be considered when determining whether an employee’s refusal is unreasonable:
- The reason for the contact.
- How the contact is made and how disruptive it is to the employee.
- Whether the employee is compensated or paid extra for being available to be contacted to perform work within a specific period, or working additional hours outside their ordinary hours of work.
- The nature of the employee’s role and level of responsibility.
- The employee’s personal circumstances, including family or caring responsibilities.
The law has drawn criticism from employer groups who call it rushed and flawed.
Similar laws giving employees a right to switch off their devices are already in place in France, Belgium, Italy, Argentina, Chile, Luxembourg, Mexico, Philippines, Russia, Slovakia, Spain, Ontario, and Ireland.
