Right to Ignore: New Law in This City Limits Managers’ Control After Work Hours

The Australian government led by Prime Minister Anthony Albanese pushed the ‘Right to Disconnect’ law into legislation. This means employees, in most cases, cannot be punished for refusing to read or respond to contacts from their employers outside work hours.

The new rule, which came into force on Monday, August 26, aims to bring back the work-life balance of most ‘national system employees’. The law, which passed in February, will apply to small businesses of fewer than 15 people starting in August 2025. It adds Australia to a growing list of countries aiming to protect workers’ free time.

While the law doesn’t strictly prohibit employers from calling or messaging their workers after hours, it protects employees who refuse to monitor, read or respond to contact or attempted contact outside their working hours.

However, the law doesn’t give employees a complete pass. The law says a person’s refusal to respond will be considered unreasonable under certain conditions, taking into account the seniority of the employee, their personal circumstances (including caregiving responsibilities), the reason for the contact, and how much disruption it causes them.

Disputes arising from these new rules should ideally be resolved between employers and employees. If they are unable to reach an agreement, the Fair Work Commission (FWC) can intervene.

The Prime Minister emphasized the importance of mental health, noting that just as employees aren’t paid 24 hours a day, they shouldn’t be expected to work around the clock. According to Albanese, this change is crucial for allowing workers to disconnect from their professional duties and reconnect with their personal lives.

In 2023, Australians worked an average of 281 hours of unpaid overtime, according to a survey by the Australia Institute. The institute estimated this unpaid labor to be worth A$130 billion (US$88 billion).

Australia is not alone in recognising the need for such legislation. France was the first country to implement a Right to Disconnect law in 2017, requiring companies to create clear guidelines for after-hours communication. Other countries, including Ireland, Luxembourg, and several in Latin America, have since followed suit, each tailoring the concept to their unique work cultures.

In some countries, such as Greece, the law goes even further, mandating that employees refrain entirely from work during non-working hours. In contrast, while nations like Sweden, Germany, and the Netherlands lack formal legislation, it is culturally uncommon for employers to contact employees after hours.

India has also explored similar protections with the Right to Disconnect Bill of 2018, introduced by MP Supriya Sule. However, this bill has yet to gain significant legislative traction.