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Australia's 'disconnection' law comes into effect. Unions say it's a win-win situation

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Australia joins the ranks of countries where the right to be offline is guaranteed by the Labour Code. Trade unions believe that not only employees but also employers will benefit.

Steven works in the Australian financial sector and says the lines between his personal life and his work life have long since blurred, leading to burnout.

“The workload is getting heavier and heavier. I'm expected to think that because I'm in the financial sector, my employer is my god,” says Steven Howland, who works in the Australian financial sector.

Last year, the average Australian worked an average of 281 hours of overtime without receiving any pay. The value of overtime work was estimated at A$130 billion, or about PLN 340 billion.

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What does the new law provide?

Australia’s “disconnect” law aims to restore work-life balance. Under the new rules, employees have the right to ignore their bosses outside of working hours.

“This law is really important. We spend so much time glued to our phones, checking emails all day long. It's really hard to switch off,” says Rachel Abdelnour, an Australian advertising worker.

The new law does not prohibit bosses or coworkers from contacting each other. It gives employees the option to ignore messages and calls without risking disciplinary action. This means that an employer can send an email at 11 p.m., for example, but the employee is not required to read it.

– In emergencies, employers and employees can contact each other after hours. The question is whether it is reasonable or not, says Michelle O'Neill of the Australian Council of Trade Unions.

“This will end in a lot of legal action”

“The definition of 'reasonable' is a problem for many employers who say the issue of what is and isn't appropriate is not clearly defined. They believe there will be conflicts,” says Chris Kohlr, Nine News correspondent.

– It will end up with a lot of legal action. It will go to court. It will take some time – predicts Innes Wilcox of the Australian Industry Group.

READ ALSO: From now on they can ignore their bosses

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Employers and employees should resolve disputes among themselves. If this is not possible, the Australian Fair Work Commission will step in and can impose financial penalties on both parties. In the case of an employee, the financial penalty can be 19,000 Australian dollars, or about 50,000 złoty. The employer will have to pay almost five times more, as much as 94,000 dollars, or almost a quarter of a million złoty.

– Some employees may wrongly believe that they can completely disconnect and not respond to work-related messages. Employers may think that all contact is forbidden. So it will take some getting used to on both sides, says Fiona MacDonald from The Centre For Future Work.

Similar regulations apply in more than 20 countries.

The new law applies to places employing more than 15 people. Small businesses will be covered in August next year. Trade unions believe that not only employees will benefit, but also employers, because the people they employ will be more rested and therefore more productive. However, entrepreneurs claim that the new regulations are unnecessary and may lead to job losses.

“The world has moved on and workplaces that adopt these practices are reaping the rewards in the form of happier employees. Businesses are starting to value the productivity and engagement of employees they want to retain. We need to make sure Australian workers are not accumulating unpaid overtime by being chained to their desks, answering emails and taking calls in their free time,” says Murray Watt, Australia's Minister for Employment and Workplace Relations.

Similar regulations are in force in over 20 countries. The pioneer is France, where since January 1, 2017, employees do not have to answer work emails and phone calls after work hours. The law applies to companies employing more than 50 people.

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Main image source: Reuters



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