Australia's "Right to Disconnect" Law Comes into Effect, Protecting Employees' After-Hours Rights

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2024-08-29

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To protect employees' rights after working hours, Australia passed the "Right-to-Disconnect" bill earlier this year, which came into effect on August 26. The law legally allows employees to refuse company contact outside of work hours, except in cases of company emergencies. Disputes between employers and employees will be resolved by an arbitration body.

The "Right-to-Disconnect" bill, passed by the Australian Senate in February and effective from the 26th, applies to companies with more than 15 employees, while companies with fewer than 15 employees have a 12-month grace period. According to the bill, employees can refuse to respond to company emails and phone calls outside of work hours, and companies cannot penalize or dismiss employees for exercising this right. The maximum penalty for companies violating the law is AUD 94,000 (approximately TWD 2.06 million).

However, there are exceptions: companies can still contact employees for emergency situations or if the employees have irregular working hours. Employees must provide a valid reason to refuse contact, and any disputes will be adjudicated by the Fair Work Commission. Additionally, the bill allows for flexibility in pre-agreed agreements between employers and employees.

Australian unions have welcomed the new law, while employers have criticized it as being hastily implemented and vague, with too many gray areas. This has sparked controversy and concerns about its impact on productivity, with some employees worried about not benefiting significantly from the new regulations. Similar laws have already been implemented in over 20 countries worldwide, mostly in Europe and Latin America, aiming to help employees achieve a better work-life balance.