Hey boss, don’t bother me outside work hours

Right to disconnect bill introduced to Parliament.

Employees do not want to be contacted by their employer after hours.

By Denham Sadler on Mar 21 2023 
https://ia.acs.org.au/content/ia/article/2023/hey-boss--don-t-bother-me-outside-work-hours.html


Australian workers would have a legislated right to fully disconnect from all 
work technologies outside of work hours and to not be contacted by their boss, 
under a bill introduced to Parliament by the Greens this week.

Greens Leader Adam Bandt introduced the private members’ bill to the lower 
house on Monday, following recommendations from the Senate Select Committee on 
Work and Care earlier this month.

The bill legislates a right to disconnect, which would ban employers from 
contacting an employee outside of their allotted working hours and ensure that 
workers are not required to monitor, read or respond to emails, calls or other 
communications during this time too.

Bandt said this measure is required to combat “availability creep”, which has 
been exacerbated by insecure work, advances in technology and the increase in 
remote work.

“For too long, the boundaries between work and life have been blurred, 
continuous connection to work has been normalised and pressure to be available 
at all hours of the day and night has been building for working people across 
the country,” Bandt said in Parliament on Monday.

“With the proliferation of smartphones and advances in technology, work emails 
are only a notification away and a phone call from your boss can interrupt a 
night out with friends or family. Workers are often expected to be on call 24/7 
to answer emails, take calls and be available to their employers at a moment’s 
notice.”

A number of comparable countries have already legislated a right to disconnect, 
including France, Belgium, Ireland, Italy, Portugal and Spain.

France introduced a right to disconnect in 2017, with all companies with 50 or 
more employees required to make a deal about the hours workers can and can’t be 
contacted.

Victoria Police’s enterprise bargaining agreement also contains a right to 
disconnect clause.

The Greens’ plan would add the right to disconnect outside of working hours to 
the National Employment Standard, with an exception made for genuine 
emergencies or welfare matters, or when the worker is being paid to remain in 
contact.

“There is a simple principle underlying this bill: when you clock off, you 
should have the right to log off,” Bandt said.

“You shouldn’t have to answer phone calls, emails or texts from your employers 
outside of working hours unless you’re getting paid for it. It is about 
recognising that work should not consume every aspect of our lives and working 
people should have the ability to recharge and reconnect with their families, 
friends and communities.

“Our workplace laws were not drafted at a time when everyone had a smartphone 
in their pocket and was only a phone call, text message or email away from 
their work.”

The bill is a key recommendation from the Senate Select Committee on Work and 
Care’s final report, which was tabled earlier this month. The Committee raised 
concerns about the “gradual erosion” of the boundary between working and 
non-working hours.

“Emerging technologies should not tether workers to jobs outside paid working 
hours without formal agreement and recompense, and they are particularly 
problematic for working carers,” the report said.

The government Senators backed this recommendation, with the Greens members 
calling for it to be prioritised.

According to an Australian Institute survey last year, nearly 85 per cent of 
Australian workers support a right to disconnect, while only 8 per cent oppose 
it.



Denham Sadler is a freelance journalist based in Melbourne. He was previously 
Editor of StartupSmart, and writes on tech and politics. His work has been 
published in The Saturday Paper and The Guardian.

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