Read The Times Australia

Daily Bulletin

Smartphones mean we’re always available to our bosses. ‘Right to disconnect’ laws are a necessary fix

  • Written by: Chris F. Wright, Associate Professor of Work and Organisational Studies, University of Sydney
Smartphones mean we’re always available to our bosses. ‘Right to disconnect’ laws are a necessary fix

Australian workers are set to have the right to disconnect from their workplaces once they clock off for the day.

This will “empower workers to ignore work calls and emails after hours [from their employers], where those demands are unreasonable”, according to Greens Senator Barbara Pocock who has been driving the change.

Last week, the Senate committee reviewing the “Closing Loopholes” amendments to the Fair Work Act recommended introducing a right to disconnect to support “the development of clear expectations about contact and availability in workplaces”. On Wednesday, the Albanese government indicated it supported the amendment.

Why a right to disconnect is needed

Last year, the Senate Select Committee on Work and Care drew attention to “availability creep” where employees are increasingly expected to complete work outside of work hours.

Smartphones have made it easier for managers to contact workers any time. The shift to remote working during the COVID pandemic caused the boundaries between work and personal life to disintegrate further.

Read more: Switching off from work has never been harder, or more necessary. Here's how to do it

According to a 2022 report by the Centre for Future Work, 71% of workers surveyed had worked outside their scheduled work hours often due to overwork or pressure from managers.

This led to increased tiredness, stress or anxiety for about one-third of workers surveyed, disrupted relationships and personal lives for more than one-quarter, and lower job motivation and satisfaction for around one-fifth.

Parliamentary inquiries have highlighted the negative consequences of working outside scheduled hours for mental and physical health, productivity and turnover.

Man shouting at mobile phone
Being contacted by employers after hours can increase workers’ stress levels. Yolo Stock/Shutterstock

Availability creep has led to significant unpaid overtime which “takes workers away from a fair day’s work for a fair day’s pay”.

The impacts are especially acute for certain groups of workers. Those on insecure contracts lack the power to resist availability creep. Those with unpaid care responsibilities are likely to experience intensified work/life balance.

“Roster justice”

The right to disconnect provides a solution to these challenges. The Senate select committee on work and care found such a right can provide workers with “roster justice” by giving more certainty over their working hours.

Many countries in Europe, Asia, North America and South America have already established laws or regulations limiting employers contacting workers outside work hours.

At least 56 enterprise agreements currently operating in Australia provide a right to disconnect. This includes agreements covering teachers, police officers and various banks and financial institutions.

Industrial Relations Minister Tony Burke has indicated the right to disconnect legislation will provide employers with “reasonable grounds” to contact their employees outside work hours. This might include calling employees to see if they can fill a shift.

Woman frustrated by man answering phone call while they are having dinner As well as stressing employees, work interruptions in free time can be damaging to relationships. iaginzburg/Shutterstock

If enterprise agreements with existing right to disconnect clauses are an indication, the Fair Work Commission will probably be asked to determine what contact outside of work hours is deemed “reasonable”. This approach seems sensible given the long tradition of the commission being asked to rule on what’s “reasonable” in other areas of employment law.

If an employer “unreasonably” expects employees to perform unpaid work outside of normal hours the commission may be empowered to impose a “stop order” — and potentially fines — to prevent the employer from contacting employees outside hours according to Tony Burke.

Unions including those representing teachers and police officers support a right to disconnect. According to the Police Federation of Australia:

Not only do the police see that trauma, deal with the families’ trauma, deal with their colleagues’ trauma, have to investigate, have to go to court, and get media attention but they also have to go home and deal with their families […] The right to disconnect gives those officers that little bit of breathing space.

Employment law experts and human resource specialists also believe there is a strong case for such a right given the negative impacts of availability creep on worker well being.

Employer associations are less supportive. The Australian Chamber of Commerce and Industry (ACCI) told a recent a Senate inquiry a right to disconnect would be “a blunt instrument which will do more harm than good, including for employees”. They claim employers will be less accommodating of employee requests for flexible work arrangements during normal work hours if contact outside these hours is no longer allowed.

A banana republic?

According to ACCI chief executive Andrew McKellar, a right to disconnect would be “the final step in Australia becoming a banana republic”.

But it must be remembered that workers effectively had the right to disconnect before the smartphone. Such a protection needs to be explicit now technology has eroded the once-firm boundaries between work and home.

As the nature of work and employer practices change, it’s essential for employment regulations to respond accordingly. Having a right to disconnect to protect workers from employers encroaching upon their free-time is a necessary response.

Authors: Chris F. Wright, Associate Professor of Work and Organisational Studies, University of Sydney

Read more https://theconversation.com/smartphones-mean-were-always-available-to-our-bosses-right-to-disconnect-laws-are-a-necessary-fix-222738

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Preventive Care Matters for Heavy-Duty Equipment

Heavy duty equipment is supposed to operate under the same conditions as a normal machine but do s...

7 Natural Tips to Restore Shine and Softness to Dull Hair

Healthy, lustrous hair often feels like an unattainable dream when you are dealing with dry, brittle...

Buying Property with Someone else? Settle these Questions First

Buying a home with a partner, a sibling or a friend can make a purchase possible that neither of you...

How to Handle a Blocked Drain in Bribie Island Before Starting Deck Repairs

Planning an outdoor upgrade brings excitement, but building a beautiful timber deck requires caref...

What to Look For When Selecting an Installation Specialist for Gas Stoves and Water Filters in Brisbane

Upgrading your kitchen or improving your home's water quality requires specialised skills. When mana...

What to Consider Before Cleaning Your Exterior: Deck Pressure Cleaning, Pressure Cleaning, and How Much Does It Cost to Pressure Wash a House?

Maintaining a home's exterior in coastal Sydney requires regular attention to combat salt spray, mou...

Signs Your Trailer Needs Professional Repair Before Its Next Long Haul

A long road trip can put considerable strain on a trailer, particularly when it is carrying heavy ...

Automatic, Manual, CVT or DCT: Which Transmission Suits Australian Drivers?

Australia’s enthusiasm for cars is nothing new. From family SUVs and work utes to compact city cars ...

Cape Town: Full Day Private Cape Peninsula & Cape Point Tour

Embark on an unforgettable adventure with a full day private Cape Peninsula & Cape Point tour...