Compliance

World of HR: Australia passes right to disconnect law

Employers who violate the law could face financial penalties.
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Francis Scialabba

· less than 3 min read

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In a dog-eat-dog world where hustle culture is frequently rewarded, workers often feel obligated to reply to managers no matter the time of day (or night).

Some countries are passing laws protecting workers from unnecessary after-work contact. Earlier this month, Australia became the latest to pass such a protection, the Sydney Morning Herald reported.

Where in the world? The Australian Senate passed the amendment to the Fair Work Legislation Amendment on Feb. 8, allowing workers to ignore work-related messages outside of normal working hours. The law stipulates that workers who believe their employer is violating the law should address it directly with their company before filing a report with the Fair Work Commission. Repeated offending companies could be fined up to $18,000 AUD, the Australian Broadcasting Corporation reported.

It also protects workers from being penalized if they are away from their phones during non-working hours. The law, which allows for “reasonable” exceptions, like offering an employee an extra shift or alerting them of a safety matter, is the country’s latest effort to protect worker rights.

“What we’re simply saying is someone who’s not being paid 24 hours a day shouldn’t be penalized if they’re not online and available 24 hours a day,” Australian Prime Minister Anthony Albanese said of the legislation.

Some 71% of workers in Australia said they had worked outside of their scheduled hours, with 38% saying it was expected at their company, according to a 2022 report from the Centre for Future Work at the Australia Institute. This, it found, led to exhaustion and stress.

Those who disagree with the law claim that it’s unnecessary and flawed, and could lead to more litigation.

Satellite view. Australia isn’t the first country to impose this type of law. Mexico, Argentina, and the Czech Republic all passed similar legislation as a result of the remote-work boom brought on by Covid, HR Brew previously reported.

The US on the other hand, is usually a late adopter of worker protections, and employees generally work longer hours. So, despite calls from workers for better work-life balance, experts say that nation-wide legislation in the US is unlikely.

Quick-to-read HR news & insights

From recruiting and retention to company culture and the latest in HR tech, HR Brew delivers up-to-date industry news and tips to help HR pros stay nimble in today’s fast-changing business environment.