Legal Right to Disconnect from Work | 28 Aug 2024

Source: TH

Recently, in a significant labour reform, Australia granted the legal right to "disconnect" from work outside of their designated hours.

• This reform allows Workers to refuse to monitor, read, or respond to work-related communications outside their official hours unless such refusal is deemed unreasonable.
  • The determination of what constitutes an "unreasonable" refusal will be based on various factors, including the nature of the employee’s role and compensation for extra hours.
• Australia's legislation is in line with similar laws in European and Latin American countries, reflecting a global movement against the "always on" work culture.
• France introduced a similar right to disconnect in 2017, aiming to combat the constant connectivity facilitated by smartphones and other digital devices.
• Industry Concerns: Australian industry leaders have expressed concerns, labelling the law as rushed, confusing, and potentially disruptive to business operations.
  • Employers are worried about the practical implications, such as the uncertainty of whether they can contact employees after hours for tasks like offering extra shifts.
• India has also explored similar protections with the Right to Disconnect Bill of 2018. However, this bill has yet to gain significant legislative traction.

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