The Breaker Times

Australia has become the latest country to allow employees the “right to disconnect” from work, a measure that has so far been implemented mostly in European nations.

Under the new legislation, that came into effect on Monday, organizations are not allowed to punish employees for not picking up their phone or responding to emails outside of work hours. 

This means that while employers and third-party clients can still make contact with their staff beyond paid hours, workers now have the legal right to refuse to respond — unless doing so is “unreasonable.”

What is deemed to be unreasonable will be assessed by Australia’s Fair Work Commission, which will take into account factors such as the nature of the employee’s role and level of responsibility, how the contact was made and how disruptive it was to the employee, amongst other criteria. 

“The new laws will give workers greater protections around workplace conditions, job security, and their ability to balance work and life, as well as stopping the underpayment and undercutting of Australian workers’ pay and conditions,” Minister for Employment and Workplace Relations Murray Watt said.

Here are some other countries that have introduced the right to disconnect from work.

In 2017, France implemented its “right to disconnect” from work emails during non-work hours. Companies with 50 or more employees are required to negotiate with employee representatives to decide when workers can be contacted via electronic communication methods. Failing to comply with the rules invites a fine of up to 1% of a worker’s total compensation.

France is known for having one of the most regulated labor markets in the developed world, largely due to its legally-required 35-hour work week.

In Portugal, employers are prohibited from contacting employees after work hours in what the laws term as the “right to rest.”

Employees are also given the right to at least 11 straight hours of “night rest,” during which they should not be disturbed unless it is an emergency.

Employees in Spain have the right to disconnect from work-related digital communications outside established working hours with the aim of promoting good work-life balance.

A nationwide campaign launched by the country’s National Institute for Safety and Health at Work is raising awareness about the initiative, highlighting employers’ obligations to facilitate a healthier digitalized workplace.

Ireland has adopted a Code of Practice on the right to disconnect from office outside of work hours. The code grants workers the right to not attend to work matters outside of normal working hours, as well as enforce a duty on employers to respect their employees’ rights to disconnect by not contacting them beyond hours.

The code extends to all modes of employment, from remote working to fixed location.

For Italy, the legislation applies more specifically to remote work. It stipulates that every telework agreement should specify designated rest periods, and outline the measures necessary for the employee to completely disengage from work-related devices.

The United Kingdom also appears to be on the path to adopt similar initiatives. A union for professionals, Prospect, found that almost 60% of employees are in support of the right to disconnect, according to a campaign they held last September.

While there is currently no official right to disconnect from work in the UK, it is mandated that a working week should not exceed 48 hours on average, over a 17-week period.