Wednesday, August 28, 2024

From NPR: Australia is the latest country to give workers the 'right to disconnect' after hours

We will discuss the unenumerated rights.

Might this be one? 

Would this be recognized by the U.S. Supreme Court?

- Click here for the article.


Millions of Australians just got official permission to ignore their bosses outside of working hours, thanks to a new law enshrining their "right to disconnect."

The law doesn't strictly prohibit employers from calling or messaging their workers after hours. But it does protect employees who "refuse to monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable," according to the Fair Work Commission, Australia's workplace relations tribunal.

That includes outreach from their employer, as well as other people "if the contact or attempted contact is work-related."

The law, which passed in February, took effect on Monday for most workers and 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.

"It's really about trying to bring back some work-life balance and make sure that people aren't racking up hours of unpaid overtime for checking emails and responding to things at a time when they're not being paid," said Sen. Murray Watt, Australia's minister for employment and workplace relations.

The law doesn't give employees a complete pass, however.

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.

For more: 

- Right to disconnect.

- Human Rights.