“No.” A complete sentence, and one of the hardest for women to say, is about to get easier in the workplace with the new ‘Right to Disconnect’ law taking effect today, August 26th.
The ‘Right to Disconnect’ law will be enshrined in the Australian Fair Work Act and will provide employees the right to disconnect from all work communication outside their usual work hours.
What is the Right To Disconnect law and what does it means for employees
Based on research, it has been found that many employees find it difficult to disconnect from work. In a recent study conducted by Robert Half, 87% of office workers reported to be contacted outside of work hours.
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The new laws will help support employees to disconnect from work during their personal time, and support them in not having to respond to phone calls, emails or texts outside of their typical working hours. Employees will have the right to refuse contact outside their working hours unless that refusal is deemed unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party.
Several factors must be considered when determining whether an employee’s refusal is unreasonable. This may include factors such as the reason for the contact, how the contact is made, the employee’s level of responsibility and whether the employee is compensated for additional hours outside their ordinary hours of work.
What are the benefits of the Right to Disconnect law?
The Right to Disconnect was first introduced in France in 2016. Companies of more than 50 employees were required to establish parameters for after-hours communication. Since then, a number of countries have successfully introduced the legislation, proving to have positive change in the workplace and to the overall wellbeing of employees.
The introduction of Right to Disconnect in Australia has the potential to be successful and support employees to maintain firmer boundaries between work and home. In an increasingly connected world, many individuals find it challenging to disconnect from their emails and their phones.
Research has found that women find it harder to say ‘no’ than to men to work assignments outside of their normal job description, as a result of societal norms and conditioning. Women often feel as though they need to say yes and take on more work to prove their worthiness in the workplace, often leading to instances of overworking, overwhelm and burnout.
Additionally, a recent Safe Work Australia report shows a significant rise in work-related mental health problems, particularly amongst women. Other research has shown that maintaining healthy boundaries between work and personal life is essential to managing stress and overall wellbeing.
These amendments aim to protect the health and wellbeing of employees.
Potential drawbacks of the Right to Disconnect
Whilst the Right to Disconnect endeavours to protect the overall health and wellbeing of employees, some businesses have raised concerns that the new legislation may have a negative impact on communication and productivity within the workplace.
Whilst the law aims to protect the wellbeing of employees, there is still significant work that organisations and leadership teams will need to undertake to integrate the change. These include cultural shifts, changes to communication practices, revised ways of working and adoption new leadership role modelling behaviours. Organisations may also need to consider the introduction of appropriate internal policies and procedures to support the implementation of the change.
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The legislation does however allow for some exemptions for urgent matters. Organisations will need to establish clear expectations and guidelines around after-hours communication for their respective teams and employees.
Whilst the introduction of the legislation is designed to support the wellbeing of employees, there are other implications that are yet to be understood. Although disputes regarding an employee’s right to disconnect would first need to be discussed at an organisational level, how the Fair Work Commission may handle such disputes including indirect discrimination or adverse action cases (such as instances of not receiving a pay increase or promotional opportunities) is yet to be determined.
The importance of firmer boundaries
The introduction of the Right to Disconnect law in Australia will help shape organisations to create a culture which reports outcomes and output, rather than hours worked. The law will also support women in particular who find it challenging to say ‘no,’ an opportunity to set firmer personal boundaries between work and home.
Establishing firm boundaries is paramount to longer term health and wellbeing, and the introduction of the law can help support many individuals to disconnect from their emails and phones in their personal time.
Lara Nercessian is an human resources expert, keynote speaker and executive career and mindset mentor.
