Right to Disconnect

The age of digital communication has revolutionized the way we live and work, and there have been both good and bad consequences of this revolution. While it’s easier than ever to chat live with Grandma on the other side of the world, even via video, it also means our colleagues and managers can reach us virtually anywhere at any time.

Finding Balance

For decades, employers and employees have struggled to strike an acceptable balance between the technical ability to have staff constantly connected and the practical need for employees to disconnect regularly.

In some countries, the government has stepped in to put a finger on the scales of work-life-balance. Australia is the most recent example.

Australia Moves to Disconnect

“A ‘right to disconnect’ rule has come into effect in Australia, offering relief to people who feel forced to take calls or read messages from employers after they finish their day’s work,” writes João da Silva in an article for BBC.

“The new law allows employees to ignore communications after hours if they choose to, without fear of being punished by their bosses.”

Da Silva explains that the Australian law is a bit more nuanced than a complete prohibition on employers contacting employees after hours. After all, such late-night requests are sometimes necessary and justified. Instead, the law establishes a framework for evaluating after-hours requests.

Employers aren’t outright banned from connecting with employees after hours, da Silva explains. Instead, he says, staff has the right to choose not to reply with any arising disputes to be resolved between employees and employers. If they fail to reach a resolution, Australian’s Fair Work Commission (FWC) will step in.

Watchdog to the Rescue

“The FWC can then order the employer to stop contacting the employee after hours,” da Silva writes. “If it finds an employee’s refusal to respond is unreasonable it can order them to reply. Failure to comply with FWC orders can result in fines of up to A$19,000 ($12,897; £9,762) for an employee or up to A$94,000 for a company.”

The issue of work-life-balance has become increasingly complex in the age of ubiquitous digital communication. When there is no technological prohibition on keeping employees connected 24/7, some governments, including Australia, have decided to step in and establish some legal boundaries in an effort to strengthen the all-important work-life balance.

Lin Grensing-Pophal is a Contributing Editor at HR Daily Advisor.

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