Australia's new 'right to disconnect' law will increase productivity, says PM

Australia's new “right to disconnect” law will boost productivity, Prime Minister Anthony Albanese says.

“The right to disconnect is now law. Because if you are not being paid 24 hours a day, you shouldn't be called 24 hours a day either,” Albanese said on social media.

Albanese said the changes would boost productivity because they would generate loyalty in the workplace.

“You know what it'll do? It'll boost productivity, because when people are actually loyal to their employer and focused on what they should be doing and not distracted 24 hours a day, you'll get a more productive workforce,” he said on an interview with Sky News Australia.

The law, which has been effective from Monday, is aimed at alleviating the pressure on workers who feel compelled to answer calls or read messages from employers outside their standard working hours.

The new legislation empowers employees to ignore work-related communications after hours without fearing repercussions from their employers.

Under the new rules, while employers can still contact employees after hours, employees are not obligated to respond unless their refusal is deemed unreasonable. In the event of disputes, the Fair Work Commission (FWC) can intervene.

The FWC has the authority to order employers to cease after-hours contact or, if an employee’s refusal is found to be unreasonable, to mandate a response. Noncompliance with FWC orders can result in fines of up to R229,525 for individuals and up to R1,135,547 for companies.

This legislation comes amid growing concerns about work-life balance. According to a survey by the Australia Institute, Australians worked an average of 281 hours of unpaid overtime in 2023, with the total value of this labour estimated at A$130bn (R1.57-trillion).

The concept of the “right to disconnect” originated from a French Supreme Court ruling on October 2 2001, which established that employees are not obligated to work beyond their regular hours.

France further solidified this right in 2013, and similar measures have since been adopted in countries such as Belgium, Portugal, Chile, Italy, Spain, Luxembourg, Slovakia, the Philippines and Kenya.

What about South Africa?

South Africa does not yet have specific legislation on this issue.

While the South African Basic Conditions of Employment Act (BCEA) limits working hours to 45 per week, there is no explicit right to disconnect. The growing international trend may soon influence South Africa to incorporate similar protections into its legal framework.

Some South Africans, however, say they have adopted personal practices in line with the right to disconnect.

Lulu Shezi shared on Twitter: “I’ve been doing this. I purposely don’t open WhatsApp messages on my work phone after 3pm on Fridays. I will open and respond on Monday at 8am.”

Ndoenhle Ndoniyamazi questioned the need for such legislation, stating: “It’s so weird that a law has to be passed for this. Why can’t bosses just be normal human beings and respect boundaries?”

Australia's new law represents a significant advancement in employee rights, aligning it with global efforts to promote a healthier work-life balance, as the conversation continues on social media:

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