The Greens have recently taken a measure towards legalising a “right to disconnect” by introducing the Fair Work Amendment (Right to Disconnect) Bill 2023 to the House of Representatives. This proposed legislation would prohibit employers from contacting staff members during times of leave and out-of-work hours, excluding emergency circumstances, genuine welfare matters, or if the worker is in receipt of some sort of “availability” allowance.
Adam Bandt, the Greens leader, noted that the Bill does not intend to inhibit employers from engaging with their workers or doing their job, rather, to recognise that life should not just revolve around work. This proposed Bill provides workers with the right to detach from their duties outside of working hours and establishes boundaries between their personal life and their work. It also permits them to set and monitor their own boundaries for when they will and will not be available, while employers are obligated to give appropriate compensation and backing to employees who are expected to remain active past their working hours.Â
With the advent of remote working becoming more and more commonplace, employees around the country have started to notice the gradual blurring of work-life balance. With no physical boundaries in place to distinguish between home life and work life, there is often the feeling of never truly being able to switch off from the pressures of the workplace.
The Greens have proposed the Fair Work Amendment (Right to Disconnect) Bill 2023. This bill seeks to protect the rights of employees to disconnect from work during non-working hours. This bill will not only make sure that the traditional workplace obligations are met, but also that employees are provided the right to step away from work obligations without repercussion.
Under the proposed bill, employees are protected against any employer practices that might involve reaching out to employees during non-working hours without their express permission. This will give employees more control over when and how they wish to handle their duties as part of their job. For employers, the bill will give them guidance as to the acceptable times when they can reach out to their employees.
At its core, the Fair Work Amendment (Right to Disconnect) Bill 2023 is about balancing the needs of employers with those of employees.
Several countries and companies have already implemented their versions of a right to disconnect policy, but the specifics vary. For example, France has a "right to disconnect" law that requires companies to negotiate with employees on the use of digital tools outside of working hours. In some companies, employees are encouraged to turn off their work phones or log out of work email accounts during non-working hours.
The Fair Work Amendment (Right to Disconnect) Bill 2023 is still currently being discussed in Parliament and no set date for it to be brought into effect has been confirmed.
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