In Australia, the "Right to Disconnect" targeting domestic employees, which was legislated from August 26, 2024, began application to small businesses on August 26 after a one-year grace period. This is a right newly established by amendments to the "Closing Loopholes Acts," enacted in conjunction with the February 2024 Fair Work Act amendments.
The "Right to Disconnect" is the right for employees to refuse to respond when receiving work-related communications via email or phone outside working hours. The scope includes not only communications between employers and employees but also those with third parties such as customers and business partners (except when such communications are reasonable). The Small Business Development Corporation (SBDC) warns this could also become a challenge for small businesses requiring flexible working arrangements.
With daylight saving time implemented in Australia, there could be up to 19 hours of non-communication between western and eastern regions, potentially creating challenges for companies with operations or customers across different time zones. They emphasize the importance of recognizing challenges while promoting healthy work-life balance.
Such initiatives have been adopted by other countries against the backdrop of increasing working hours due to diversification of communication methods and resulting overwork issues. In Australia, the legislation initially limited target companies but extended to small businesses with fewer than 15 employees after a one-year grace period. Coverage includes full-time, part-time, and temporary employees regardless of employment type.
According to research by the Australia Institute, the average unpaid overtime for Australians is 188 hours per year. The Fair Work Commission (FWC) requires both employees and employers to practice open and effective workplace communication. In case of disputes, resolution is sought between parties, but if FWC intervenes and orders are not complied with, and employee refusal to respond is deemed reasonable, fines of up to 18,780 Australian dollars (approximately 1.82 million yen) for individuals (employers) or 93,900 Australian dollars for companies may be imposed.