Employees in Australia now have legal right to ignore work emails & calls after clocking off

Employees in Australia allowed by law to ignore work e-mails and calls after hours

As of Monday (26 Aug), a new law in Australia permits employees to ignore work emails and calls once they have clocked off.

The Fair Work Ombudsman, Australia’s workplace regulator, announced the introduction of the “right to disconnect” law.

This legislation entitles employees of non-small businesses to “refuse to monitor, read or respond to contact (or attempted contact) outside their working hours, unless doing so is unreasonable”.

The law covers contact from both employers and third parties, such as clients and suppliers.

ABC News added that it applies to businesses with more than 15 employees. Employees in smaller businesses will gain this right starting 26 Aug next year.

Supporters of the law, as reported by Reuters, believe it empowers Australian workers to protect their personal time from the increased intrusion of work communications, a trend that has surged since the Covid-19 pandemic.

Refusals to be contacted should be reasonable

Fair Work Australia specifies several factors to consider when assessing whether an employee’s refusal to be contacted is reasonable. They are:

• The reason for the contact
• The method of contact and its level of disruption to the employee
• Compensation or additional payment for after-hours availability and extra work
• The employee’s role and level of responsibility within the business
• The employee’s personal circumstances, including family or caregiving duties

Additionally, refusal to read, monitor, or respond to contact is deemed unreasonable if such contact is legally required.

To avoid misunderstandings and potential breaches of the new law, employers and employees are encouraged to discuss and establish clear expectations regarding after-hours contact.

For resolving disputes related to after-hours communication, employers and employees should contact Australia’s Fair Work Commission.

Also read: S’pore employers must implement process for workers to request flexible work arrangements from Dec

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Featured image adapted from Daboost on Canva.