When do you have the right to disconnect and why are employers so concerned ?

The law is now on your side if you want to ignore those pesky out-of-hours work calls and emails but uncertainty surrounds the circumstances under which the new law will be enforced.

Under changes to the Fair Work Act the right to disconnect came into effect on Monday, giving employees the right not to “monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable”.

But what does that mean in practical terms? And, what is considered “reasonable”?

Here’s what you need to know:

Why do we need it?

The laws are a bid to put in place better boundaries between work and home life, boundaries which became blurred with the rise of technology and working from home during the COVID pandemic.

Prime Minister Anthony Albanese argues the law will make for a less stressed, more productive workforce.

How do you know if the contact is ‘reasonable’?

This is subjective but the commission has offered five points to consider:

• the reason for the contact or attempted contact
• how the contact is made and the level of disruption it causes the employee
• the nature of the employee’s role and their level of responsibility
• the employee’s personal circumstances, including family or caring responsibilities
• whether the employee is compensated or paid extra for remaining available to work when the contact or attempted contact is made or working additional time outside of their ordinary hours of work.

What happens if you and your boss disagree on what is ‘reasonable’ contact?

The Fair Work Commission recommends bosses and their employees try to sort out any disputes about out-of-work contact between themselves first.

If that fails, employees and employers can call on the commission to help resolve the dispute or to make an order — either directing the employee to pick up the phone and answer emails outside of work time, or not.

Can my employer punish me if I exercise my right to disconnect?

It is against the law to sack, demote or overlook an employee if they exercise their right to disconnect.

Anyone who feels they have been adversely affected can seek help from the commission.

What happens if my boss calls me after I finish work?

The new law doesn’t mean your boss isn’t allowed to call or email you after hours.

It means you don’t have to answer or deal with the email until you go back to work — and your boss isn’t allowed to punish you for not responding.

Also, the new laws don’t just include contact or attempted contact from your boss. It also covers people outside the organisation getting in touch to talk about work.

Why are employers so concerned?

The Australian Chamber of Commerce says the new law is confusing and it’s unclear what is and is not allowed.

They say we may have to wait for test cases to go before the commission to get a better idea of its limits.

One area where there is uncertainty about how the laws will play out is for WA-based companies with staff on the East Coast, particularly with the three-hour time difference during daylight savings.

There is also concern the laws will “crush” productivity and add another unnecessary layer of red tape for employers.

The Opposition has committed to rolling back the change if it wins government.

Who is covered by the new laws?

All employers and employees who are part of the national workplace relations system are covered by the new laws.

However, small businesses with fewer than 15 people are exempt until August 26 next year.