Australians Can Now Legally Ignore Work Calls, Emails After Hours

Australians can now legally ignore unreasonable after-hours work calls and emails under new government legislation that came into effect on Monday, drawing criticism from business groups.

Under the laws, employers face fines of up to A$93,000 ($63,000) for getting in touch with an employee for non-essential reasons outside of working hours.

“Just as people don’t get paid 24 hours a day, they don’t have to work for 24 hours a day,” Prime Minister Anthony Albanese told Australian Broadcasting Corp. on Monday, adding that he expected the changes to boost productivity.

“For many Australians, I think they’re getting frustrated that they’re expected to be on their phones, their emails, all of that, for 24 hours a day,” he said. “It’s a mental health issue, frankly.”

Australia follows nations such as France, Spain and Belgium in introducing right to disconnect laws to protect workers from unreasonable contact outside of hours, while other governments around the world are considering similar measures.

Local business groups have already expressed concerns around the new laws. Andrew McKellar, chief executive officer of the Australian Chamber of Commerce and Industry, described the changes as a “thought bubble” and said business wasn’t consulted on them.

Any disputes over attempts by employers to contact workers outside office hours could be escalated to Australia’s industrial relations umpire, the Fair Work Commission, for a final determination, Workplace Relations Minister Murray Watt said Monday.

However, he added that he hoped employers and employees would be able to resolve any disputes through discussions, without needing to escalate.

The right to disconnect will apply to employees from medium and large enterprises immediately, while small businesses will have 12 months before their workers are affected, according to the government.

Photograph: A morning commuter in front of a bus in Sydney, Australia, on Monday, Feb. 26, 2024. Photo credit: Brent Lewin/Bloomberg