Context: 

This editorial is based on the news “No calls or mails after office hours: What’s in Australia’s right to disconnect Bill?” which was published in the Indian Express. Recently, the Australian government is working towards passing a “Right to Disconnect bill 2023”, regulating whether bosses can contact workers beyond their working hours through calls, messages or emails.

Australian Right To Disconnect Bill 2023

• Fair Work Legislation Amendment: Through the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill, 2023, an employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable.
• A Reasonable Reason: The Bill considers the extent to which the employee is compensated for overtime work, the reason for the contact or attempted contact, and the level of disruption it causes to the employee.
• Resolution of Matter: In case an employee-employer dispute over such contact happens, they must first attempt to resolve it at the workplace through discussions between the parties. 
  • If that attempt fails, they may move to the Fair Work Commission (FWC), the country’s industrial relations tribunal. 
  • Refusing to follow an FWC order could mean potential fines for the employer.

Criticism Against Right to Disconnect Bill 2023

• Harsh Law against Industrialists: Industrial relations laws should not make it harder for hard-working business owners to generate the wealth we enjoy as a nation.
• Impact on Female Participation: This sort of heavy-handed legislation risks taking Australia back to a rigid working environment that is undesirable for parents, especially women. This rigidity also undermines the case for working from home, which appeals to many employees with family responsibilities.

Other Countries On Right to Disconnect Laws

• France was the first country to have introduced a ‘right to disconnect’ for employees, in 2017. 
  • Companies with more than 50 workers were obliged to draw up a charter of good conduct, setting out the hours when staff are not supposed to send or answer emails.
• Germany: There was no formal legislation in place at the time, but the private automobile manufacturing companies were imposing such policies.
• Right to Disconnect in India: In India, Baramati MP Supriya Sule drafted a Private Member’s Bill for such a right, through the Right to Disconnect Bill of 2018, which was never taken up for discussion in the House.

Conclusion

Employers should focus on being flexible and should offer knowledge workers more autonomy around their availability. The Right to Disconnect can be the “catalyst” for better policies on work-life balance. It is a cultural shift that destigmatizes a less frenetic pace of work and allows employees more control over their work boundaries and will more directly address the problem of overwork.