Right to disconnect laws: All you need to know
Australia’s right to disconnect laws took effect in August 2024, providing workers the power to refuse after hours contact from their employer. This is a huge win for workers – many of whom have felt compelled to answer emails from their boss late at night or while on holiday.
In this article, we provide a straightforward explanation of the laws and what they mean for you. We also explore how they compare to those across the globe.
Why the right to disconnect laws were introduced
In the preceding years, it had become the norm for many Australian workers to answer emails or texts from their employer after normal working hours. And it is likely you or someone you know faced this situation. While many of us could point to anecdotal evidence of this problem, a study by insurer Budget Direct provides concrete figures on just how many workers were not given the right to disconnect.
The survey sampled 1,000 Australian employees. It looked at how many employees felt compelled to respond to their employer’s digital communications while they were on leave. It found that 52.4 per cent of respondents admitted to checking work communications while on holiday. Women were slightly more likely than men to check in on work during their holidays. 53.4 per cent of women reported doing so, compared to 51.4 per cent of men.
Younger employees more likely to check emails
The survey showed that employees aged 25-34 were the most likely to check work communications while on holiday. 58.2 per cent of these workers did so. The Budget Direct study speculated this may be due to this generation entering the workforce when smartphones and remote access tools were widespread. This therefore made checking communications after hours the norm.
Interestingly, the percentage of workers who checked communications after hours varied across Australia. 56 per cent of Victorians admitted to checking them while on leave, making them the most likely to do so. Tasmania and the ACT had the lowest rates, with only 28% and 33.3% of employees respectively checking work messages during holidays.
Daily email checking a common habit
The survey also revealed that nearly a third of Australians checked their work emails every single day of their holiday. This trend was consistent across genders, but older employees were more likely to check daily. For example, 41.4% of respondents aged 45-54 reported checking their work emails every day, compared to just 25% of 18-24-year-olds.
Budget Direct speculated as to the reason for this generational difference. It said that older workers may have been disinclined to disconnect from work due to their seniority and increased responsibilities relative to younger workers.
Australians were in favour of the right to disconnect
Perhaps unsurprisingly, 24.3 per cent of Australians said they had either deleted access to their work emails or seriously considered doing so while on holiday. Younger employees were more in favour of the right not to respond to communications after hours.
The survey showed that 26.9 per cent of 18-24-year-olds and 28.9 per cent of 25-34-year-olds took steps to remove work access from their phones while on holiday. In contrast, only 18.2 per cent of 45-54-year-olds reported doing the same.
Australia’s right to disconnect laws: A simple explanation
The federal government’s right to disconnect legislation took effect for most Ausralian workers in August 2024. Employees of small businesses will be covered from August 2025. The legislation gives employees under the Fair Work system the ability to refuse work-related contact outside their normal working hours.
Most Australian employees fall under the Fair Work system. For details on who isn’t covered, you can find out on the Fair Work Commission website.
What is the right to disconnect exactly?
Australia’s new law shields employees from the expectation of monitoring, reading or responding to work-related communications after hours. They have this right to disconnect unless it is deemed unreasonable for them to refuse. This protection applies to contact from employers or other work-related sources.
Several factors determine whether an employee’s refusal to respond is considered unreasonable. These include:
- The reason for the contact as well as the method and impact of the communication.
- The nature of the employee’s role, and their personal circumstances, such as family or caregiving responsibilities.
- Whether the employee is compensated for being available or for working outside regular hours.
What if my boss violates my right to disconnect?
If an employer violates a worker’s right to disconnect, the Fair Work Commission advises that the two parties attempt to resolve the issue themselves first. However, if it can’t be resolved in the workplace, the employee can seek assistance from the Fair Work Commission.
An employee can request an order to stop from the commission. This can require the employer to cease from demanding the employee to monitor, read or respond to contact or attempted contact. It can also require the employer to cease from taking disciplinary or other action against the employee.
The Fair Work Commission can also help the two parties resolve the issue in other ways. Conversely, it can also order an employee to cease refusing to monitor, read or respond to contact or attempted contact if their refusal is deemed unreasonable. To request an order to stop from the commission, an employee must fill out form F92. If an employee wants the commission to arbitrate a dispute other than by making a stop order, they must complete form F92B.
Right to disconnect dismissal protections
The new laws make the right to disconnect a legal right of Australian workers. This means that it is unlawful for an employer to dismiss a worker for reasonably refusing to monitor, read or respond to contact or attempted contact.
If they are dismissed, the worker can appeal their dismissal by making an adverse action claim with the Fair Work Commission. This can result in the employee being reinstated to their position and/or receiving financial compensation from their employer.
The right to disconnect around the globe
Australia’s new laws are nothing new from a global perspective. There are many countries that have already passed similar laws to protect workers from the expectation of being always available.
However, as you will read below, Australia’s law generally provides more robust protections compared to many other countries. In some countries, like Belgium, the law does not enforce penalties on employers for violations. While in other nations, like the UK and the US, right to disconnect laws do not currently exist. Let’s look at how this right is being treated by government’s across the globe.
France
France is often hailed as a leader in this area, having passed a right to disconnect law back in 2016. The law requires employers with more than 50 employees to establish clear guidelines about when employees can and cannot engage in work-related communications.
French employers are also required to develop a “charter of good conduct” to ensure that employees can disconnect after work. Non-compliance can result in fines and even imprisonment for company executives.
United Kingdom
The United Kingdom is yet to pass a right to disconnect law. The Labour government elected in July 2024 initially planned to give workers a legal right to disconnect from work outside office hours. However, it later scaled back this plan for a “right to switch off” law.
Instead of enacting legislation, the government is now favoring a code of practice for businesses. It claims this would maintain flexibility for businesses, allowing them to adapt out-of-hours rules to their specific needs. The government also claimed this approach would help avoid additional strain on the United Kingdom’s already backlogged courts.
Belgium
Belgium introduced its right to disconnect law in 2022 for civil servants, later extending it to private-sector employees in companies with more than 20 workers. Although the law mandates a framework for disconnection, there are currently no penalties for non-compliance. Certain sectors, like emergency services, are exempt from the law due to the nature of their work.
Spain and Portugal
The Iberian nations have both taken steps to enshrine the right to disconnect into law. In Spain, remote workers are legally entitled to disconnect outside of their working hours. The law requires Spanish employers to create internal policies to ensure compliance.
Similarly, Portugal introduced a “right to rest” law in 2021. This prohibits employers from contacting employees outside of contracted hours, except in emergencies. Violations of this law can result in significant fines.
Italy
In Italy, the right to disconnect is part of the broader framework governing “smart working,” or remote work. Employers are required to include specific provisions in telework agreements that outline how employees can disengage from work-related communications during rest periods. These agreements help ensure that remote workers are not overburdened by after-hours demands.
Greece
The Mediterranean nation introduced its right to disconnect law in 2022, primarily focused on remote workers. The law mandates that employees must not engage in work-related activities during non-working hours. It also prohibits discrimination against those who exercise their right to not respond to communications. This legal protection includes provisions that require clear guidelines to be agreed upon between employers and workers.
The European Union
The EU is yet to enshrine a right to disconnect in law. However, the EU parliament has called on the European Commission to establish such laws. These would allow employees living in the EU to disconnect from work during non-working hours without facing repercussions.
Argentina
Argentina’s right to disconnect law was introduced in 2021. It states that remote workers are not obligated to respond to work-related communications outside of their official working hours. The law also includes provisions for employees who care for children, elderly individuals, or disabled family members.
Canada
The Canadian province of Ontario introduced a right to disconnect law in December 2021. It mandates that employers with 25 or more employees must implement a written right to disconnect policy. The law defines disconnecting from work as, “not engaging in work-related communications.” This can include emails, phone calls, video calls or the sending or reviewing of other messages.
The written policy must apply to all employees, regardless of their role, and can vary in detail based on different employee groups. However, the law does not specify the exact content of the policy, allowing businesses flexibility to tailor it to their operations.
Ireland
In April 2021, the Irish government introduced the Code of Practice on the Right to Disconnect. Developed in consultation with trade unions and businesses, the Code grants employees the right to avoid routine work outside of normal hours. They are also afforded the right not to be penalised for disconnecting and are obligated to respect others’ right not to respond to after hours communications.
Although not legally binding, the Code is admissible in legal proceedings related to working hours. It is designed to complement existing law on working hours and provide guidance to employers to create disconnect policies.
United States
The United States does not have federal laws specifically granting employees the right to disconnect. There have, however, been discussions and proposals at state and local levels. This includes a bill introduced in New York City that aimed to establish a right to disconnect for private-sector employees.
In the absence of specific laws, companies in the U.S. have discretion over policies regarding after-hours communication. Some have voluntarily adopted policies that limit employees’ after-hours obligations, but this is not a legal requirement.
Have your rights been violated at work?
We at A Whole New Approach are Australia’s leading workplace representatives and commmenators. (note: we are not lawyers). Every day, we help workers like you stand up for their rights by taking action through the Fair Work Commission. We are feared by Australian employers for our track record of helping employees stand up for their rights over the last three decades. If your under a workplace investigation or facing dismissal we are here for you.
If you have been unfairly dismissed, faced discrimination, harassment or adverse action, or any other workplace right, give us a call.
Dial 1800 333 666 for a free and private conversation with a member of our team.
