Right to Disconnect – Employers Guide

The Australian “Right to Disconnect” legislation is coming in August 2024 and, for many employers, it might seem like an added layer of complexity. However, here at Recruitment Central, we see it as an opportunity to refine communication practices and update policies, ensuring clear expectations.

Understanding the Right to Disconnect

On February 12, 2024, the Australian Federal Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. This legislation includes a significant change to: the right for all employees to disconnect outside of their designated working hours.

The Balancing Act: Reasonableness in a Hybrid Environment

The good news: the legislation doesn’t completely prevent out-of-hours contact. Employers are still able to send emails, work instructions and information. What it allows for is an employee’s right to reasonably refuse to action these requests outside of working hours. The definition of ‘reasonable’ is subjective so here are some factors to consider when determining if an employee’s refusal is reasonable:

• The Urgency of the Matter: Is it a genuine emergency requiring immediate attention, or can it wait until the next workday?
• The Communication Method: A quick text might be less disruptive than an urgent phone call or long email at night.

• Compensation for Availability: If employees are paid for being reachable outside of work, the expectation for responsiveness increases. This should be outlined in employee contracts and position descriptions.

• Employee Role and Responsibilities: Certain roles, like salaried workers, senior management or those dealing with international clients, might have a higher justification for occasional after-hours contact.

• Employee’s Personal Circumstances: Respecting employees’ off-time becomes especially important when they have family commitments or other personal responsibilities.

Preparation

• Review and Update Job Descriptions and Contracts: Clearly outline the level of expected after-hours availability within each job description.

• Craft Definitive Policies: Develop clear policies for using work technology outside of working hours. Update employee handbooks and internal policies.
• Focus on Clear Communication: Roll out training programs for managers to respect employee boundaries, and employee information sessions on their rights and expectations.

The “Right to Disconnect” will encourage employers and employees to firm up contracts, rules and policies to ensure smooth transition to the ‘Closing the Loophole’ legislation.

Message from the CEO

In light of the new Australian government laws on the ‘right to disconnect,’ I want to emphasise the importance as employers of aligning our practices with these new regulations as early as possible.

It is crucial that we respect employee rights, ensuring a healthy work-life balance. By updating our position descriptions to accurately reflect the expectations regarding out-of-hours communication and responsibilities, we can demonstrate our commitment to compliance open communication and employee well-being.

These new laws underscore the significance of maintaining up-to-date position descriptions, employee handbooks and internal policies that clearly outline the nature or expectations of after-hours availability, contributing to a transparent and respectful work environment.

It’s a great idea to have discussions with your managers, audit all your internal documentation and consider internal training sessions on ‘switching off’ and reiterate the expectations around work hours and downtime. If you require guidance and advice on crafting a new policy or setting up an employee handbook please reach out to us we are here to partner with you.

Till next month.

Regards

Sandra