Working hours and personal life: the right to disconnect is becoming the norm

Context. Now, employers in Australia can be fined up to $63,000 if they text or call employees after hours "for non-essential reasons." Australians can now legally ignore calls and emails from colleagues and bosses after the end of the working day. The corresponding law came into force on August 26, 2024. Australian businesses have already expressed concern about this. Similar laws are already in force in France, Spain and Belgium. [подробнее]

In an era where technology has become a part of our daily lives, work is no longer something that stays in the office after the end of the working day. Emails, instant messengers, and mobile phones have made us available 24/7, blurring the boundaries between work and personal life. However, as it turns out, this continuous contact with work carries not only opportunities, but also serious risks. In response to these challenges, modern societies are beginning to form a new type of law — the right to disconnect.

What is the "Right to Disconnect Law"?

The right to disconnect is a legislative initiative that provides employees with the ability to legally ignore work communications outside of working hours. The purpose of this law is to protect employees from burnout and maintain a work-life balance. Such laws first began to appear in Europe, and today they are already in force in France, Spain and Belgium.

Why is this important?

Over the past decades, the boundaries between work and leisure have become increasingly blurred. If earlier the working day ended with leaving the office, now, with the advent of smartphones and the Internet, work can follow us anywhere. Many employees feel compelled to answer calls and emails at any time of the day or night, fearing that rejection could negatively impact their careers.

However, constant availability and the pressure to always be in touch have led to new challenges. Studies show that this contributes to increased stress and anxiety levels, as well as decreased productivity and quality of life. Workers are increasingly facing professional burnout, when the line between work and leisure becomes too thin.

According to Johns L. Hopkins, an assistant professor at Swinburne University of Technology, the rise of digital devices, including smartphones, laptops, tablets and smartwatches, has been the catalyst for large-scale industrial reform. With more digital touchpointsthan ever before, Australian workers work far beyond their working hours.

"A 2023 study by the Australian Institute found that Australian workers averaged an additional 5.4 hours of unpaid work per week," – Professor Hopkins said. "Informal encroachment on work duties in the personal time of workers – also called 'availability creep' or 'time theft' – equates to an additional 281 hours of unpaid work per year".

The Associate Professor of Management and Innovation estimates that this "time theft" costs workers an average of AU$11,055 per year, leading to serious health and well-being issues for employees.

How is this implemented?

France was the first country to officially recognize the right to disconnect. In 2017, a law was passed requiring companies with 50 or more employees to establish rules that limit employees' working hours after hours. This step was a real revolution in labor law and opened the way for other countries.

Spain followed France's lead and passed a similar law in 2018. Spanish companies are now obliged to respect the personal time of their employees, giving them the right to disconnect from work outside of established working hours.

In 2022, Belgium took it a step further by introducing a disconnection right for civil servants. This law was an important signal for the whole country, emphasizing the importance of protecting workers from excessive workload.

Australian Disconnection Eligibility

In Australia, changes to the Fair Work Act have given employees the right to refuse to monitor, read or respond to messages from an employer outside of working hours, unless such a waiver is unreasonable. This means that employers can still contact employees outside of business hours, but employees can ignore these requests without risking disciplinary action.

According to the new legislation, from Monday, August 26, 2024, employees of companies with more than 15 employees will have the right to disconnect. However, as recognized by the Fair Work Commission, this mechanism is not yet sufficiently developed and needs to be refined. The labour tribunal is supposed to provide guidelines for the application of this right, but has so far refrained from issuing them. According to the ABC, the ombudsman believes that it is better to develop such guidelines after the first disputes related to the new law have been considered.

Professor Hopkins notes that these laws should encourage managers to create a work culture in which employees feel comfortable disconnecting from work. In the event of disputes, they will be considered by the Fair Work Commission.

“In Australia, the right to disconnect will be protected under general worker protection legislation," said Professor Hopkins. "Disputes over this matter should be resolved at the company level, but if no agreement is reached, the case can be referred to the Fair Work Commission."

What is "unreasonable" contact?

As Professor Hopkins explains, the new Australian law does not completely prohibit communication between employers and employees outside of working hours. When the right-to-disconnect guidelines are formally formulated, they will not restrict managers from contacting employees at any time, but will give employees the legal right to opt out of such contact.

"If an employee decides not to respond, this should not lead to disciplinary action or a change in attitude, for example, through a reduction in performance ratings or changes in work schedules," explains Professor Hopkins. "This should contribute to the discussion of what is a reasonable contact. The Fair Work Commission indicates that it depends on the reason for the contact, the personal circumstances of the employee, the nature of his work and responsibilities, and whether the employee is compensated for working outside working hours."

According to the official website of the Fair Work Ombudsman, the following factors must be taken into account when assessing whether an employee's refusal to answer is unreasonable:

• The employee's personal circumstances, including family responsibilities or responsibilities to care for someone.
• Reason for contact.
• To what extent the contact violates the employee's personal time and whether it is related to his work.
• Does the employee receive compensation or additional payment for:
• Be available to perform work outside of working hours.
• Work during additional hours outside of normal working hours.
• The role of the employee in the company and the level of his responsibility.

Benefits and challenges

The right to disconnect has many benefits for both employees and employers. It helps to maintain the mental health of employees, improve their well-being and motivation. In the long run, it can also increase productivity and reduce employee turnover, as satisfied and healthy employees are less likely to leave their jobs.

However, the implementation of these laws is not without difficulties. Questions arise for both employers and employees: how to accurately determine the boundaries of working hours? How do you ensure that disconnection doesn't affect important tasks? How can we ensure that this right is respected in a fair way for all?

The right to disconnect is not just a new law, it is a recognition that work-life balance is important to everyone. It symbolizes the transition to a more humane and responsible approach to labor relations, where respect for personal time and the well-being of employees becomes a priority.