A new Australian law protects workers who fail to respond to work-related messages outside of working hours, with some exceptions.
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Millions of Australians have just been officially allowed to ignore their bosses outside of work hours, thanks to new laws recognising their “right to disconnect”.
The law does not explicitly prohibit employers from calling or texting employees after hours. But it does protect employees who “refuse to monitor, read or respond to communications or attempted communications outside of their normal working hours, unless their refusal is unreasonable,” according to Fair work MissionAustralian Workplace Relations Tribunal.
That includes access from employers as well as others “if the contact or attempted contact is work-related.”
The law was passed in February and took effect on Monday. for most workers and will apply to small businesses with fewer than 15 people from August 2025. The law adds Australia to a growing list of countries looking to protect workers’ free time.
“The key is really trying to bring about a work-life balance and making sure that people aren’t doing unpaid overtime checking emails and responding to things at times when they’re not being paid,” speak SMurray WattAustralian Minister for Employment and Workplace Relations.
However, the law does not allow employees to do so outright.
The law says that it is unreasonable for a person to refuse to answer. under certain conditionstaking into account the employee’s seniority, their personal circumstances (including caring responsibilities), the reason for the contact and the level of disruption it causes them.
The FWC says employers and employees should first try to resolve all disputes on their own, but may apply to the FWC for a “stop order” or other action if their discussions are unsuccessful.
“If it’s an emergency, of course people would expect an employee to respond to something like that,” Watt said. “But if it’s a normal thing … then they should wait until the next working day, so people can actually enjoy their private lives, enjoy time with family and friends, play sports or whatever they want to do after work, without feeling like they’re chained to their desks at a time when they’re actually not getting paid, because that’s not fair.”
Safeguards to address work-life imbalance
Supporters of the law hope it will help strengthen the lines between personal and professional life, which have become increasingly blurred due to the rise of remote work since the COVID-19 pandemic.
A 2022 survey by the Australia Institute’s Centre for Future Work, a public policy think tank, found that seven in 10 Australians work outside of their regular working hours, and many reported feeling physically tired, stressed and anxious as a result of working overtime.
Next year, The institute reported The average Australian worked 281 hours of unpaid overtime in 2023. Judging by the median wage, that’s an estimated loss of nearly $7,500 per worker per year.
“This is particularly worrying given that the labour share of national income remains at record lows, wage growth has failed to keep pace with inflation and the cost of living is rising,” the report added.
The Australian Council of Trade Unions hailed the new laws as a “cost of living victory for workers”, particularly those in industries such as teaching, community services and administrative work.
The right to disconnect, the report says, would not only cut Australians’ unpaid hours but also address “the growing crisis of mental health illness and injury in the modern workplace”.
“More money in your pocket, more time with your loved ones and more freedom to live your life — that’s what the right to disconnect is all about,” ACTU President Michele O’Neil said in a statement.
However, not everyone is happy with this change.
Australian opposition leader Peter Dutton has pledge to abolish the right to disconnect if his coalition wins the next federal election in 2025. He has criticised this as damaging to employer-employee relations, and sees it as a threat to productivity.
The Business Council of Australia echoed those concerns in a The statement was released on Monday.says new workplace laws “risk further suppressing Australia’s already record-low productivity at a time when the economy is already sluggish”.
“These laws put Australia’s competitiveness at risk by adding costs and complexity to the business challenge, meaning less investment and fewer jobs,” said Bran Black, chief executive of the Business Council.
However, a 2022 survey by the Australia Institute found there was widespread support for the right to disconnect.
Only 9% of respondents said such a policy would have no positive impact on their lives. And the remainder cited a range of positive impacts, from more time for family and socializing to improved mental health and job satisfaction. Thirty percent of respondents said the policy would make them more productive during working hours.
Eurofound, the European Union’s agency for improving living and working conditions, said in a Research 2023 that employees at companies with a right-to-disconnect policy report having a better work-life balance than those without one — 92% versus 80%.
Could this trend spread to the United States?
Australia is not the first country to introduce this form of protection for workers.
More than a dozen countries — mostly across Europe and South America — has issued a version of the right to disconnect in recent years, starting with France in 2017Others are exploring a variety of possible solutions to address burnout, including four day work week.
The right to disconnect does not yet apply in the United States.
A San Francisco congressman proposed bill earlier this year — inspired by Australia — would give workers the right to disconnect outside the workplace, subject to fines.
This would make California the first state in the nation to do so, but its future remains uncertain. The bill has been criticized by business groups and be placed on committee this spring
