Australia Joins Global Movement with New ‘Right to Disconnect’ Law

Australia has become the latest nation to grant employees the “right to disconnect” from work, joining a growing list of countries, primarily in Europe, that have implemented similar measures.

As of Monday, new legislation prohibits organizations from penalizing employees who choose not to answer calls or respond to emails outside of their designated work hours. While employers and clients may still reach out to employees beyond paid hours, workers now have the legal right to decline such communications—unless responding is deemed “reasonable.”

The determination of what constitutes “unreasonable” will be handled by Australia’s Fair Work Commission. The commission will consider factors such as the employee’s role and responsibilities, the manner and timing of the contact, and the potential disruption to the employee, among other criteria.

Minister for Employment and Workplace Relations Murray Watt stated, “The new laws will provide workers with greater protections regarding workplace conditions, job security, and their ability to maintain a work-life balance while also addressing issues of underpayment and unfair work practices.”

Australia’s decision follows France’s pioneering “right to disconnect” law, implemented in 2017, which requires companies with 50 or more employees to negotiate specific guidelines about when workers can be contacted via electronic communication. Non-compliance can result in fines of up to 1% of a worker’s total compensation. France’s labor market is known for its strong regulations, including a legally mandated 35-hour work week.

Belgium introduced a similar law in 2022, initially targeting civil servants but later expanding to include private-sector employees in companies with 20 or more staff. Belgian workers also benefit from a four-day workweek.

In Portugal, the “right to rest” law prohibits employers from contacting employees after work hours, ensuring a minimum of 11 uninterrupted hours of “night rest” unless there is an emergency.

Spain has also embraced the right to disconnect, allowing employees to disengage from work-related communications outside of official working hours. This initiative is part of a broader campaign by Spain’s National Institute for Safety and Health at Work to promote healthier digital workplace practices.

Ireland has adopted a Code of Practice on the right to disconnect, granting workers the right to ignore work matters outside of normal hours and obligating employers to respect these boundaries across all types of employment, including remote work.

In Italy, the legislation specifically addresses remote work, requiring that telework agreements include clear rest periods and measures to ensure employees can fully disengage from work-related activities during these times.

The United Kingdom is also exploring similar initiatives. A survey conducted by the professionals’ union Prospect found that nearly 60% of employees support the right to disconnect. Although the UK currently lacks formal legislation on this issue, existing regulations limit the average workweek to 48 hours over a 17-week period.

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