The Australian “Right to Disconnect” legislation is coming in August 2024 and, for many employers, it might seem like an added layer of complexity. However, here at Recruitment Central, we see it as an opportunity to refine communication practices and update policies, ensuring clear expectations.
Understanding the Right to Disconnect
On February 12, 2024, the Australian Federal Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. This legislation includes a significant change to: the right for all employees to disconnect outside of their designated working hours.
The Balancing Act: Reasonableness in a Hybrid Environment
The good news: the legislation doesn’t completely prevent out-of-hours contact. Employers are still able to send emails, work instructions and information. What it allows for is an employee’s right to reasonably refuse to action these requests outside of working hours. The definition of ‘reasonable’ is subjective so here are some factors to consider when determining if an employee’s refusal is reasonable:
Preparation
The “Right to Disconnect” will encourage employers and employees to firm up contracts, rules and policies to ensure smooth transition to the ‘Closing the Loophole’ legislation.
In light of the new Australian government laws on the ‘right to disconnect,’ I want to emphasise the importance as employers of aligning our practices with these new regulations as early as possible.
It is crucial that we respect employee rights, ensuring a healthy work-life balance. By updating our position descriptions to accurately reflect the expectations regarding out-of-hours communication and responsibilities, we can demonstrate our commitment to compliance open communication and employee well-being.
These new laws underscore the significance of maintaining up-to-date position descriptions, employee handbooks and internal policies that clearly outline the nature or expectations of after-hours availability, contributing to a transparent and respectful work environment.
It’s a great idea to have discussions with your managers, audit all your internal documentation and consider internal training sessions on ‘switching off’ and reiterate the expectations around work hours and downtime. If you require guidance and advice on crafting a new policy or setting up an employee handbook please reach out to us we are here to partner with you.
Till next month.
Regards
Sandra
The Australian “Right to Disconnect” legislation is coming in August 2024 and, for many employers, it might seem like an added layer of complexity. However, here at Recruitment Central, we see it as an opportunity to refine communication practices and update policies, ensuring clear expectations.
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