AUSTRALIA: Starting next week, 26th August, Australian employees will gain the legal right to disconnect from work outside of their scheduled hours, thanks to new legislation that protects them from after-hours contact by their employers. The law, which was passed earlier this year, allows employees to ignore work-related communications such as emails, phone calls, and messages during their personal time without fear of retaliation.

Under the "right to disconnect" law, employees are no longer obligated to monitor, read, or respond to contact from their employers outside of working hours. This right applies to most workers, though there are exceptions in cases where the refusal is deemed unreasonable, such as during emergencies or situations critical to the business.

While some employer groups criticized the legislation, calling it rushed and flawed, the new law mirrors similar regulations in countries like France and Germany, where employees have already gained the right to disconnect.

Employees covered by this law cannot be disciplined, demoted, or dismissed for refusing to engage in work-related communication outside of their normal working hours unless the refusal is unreasonable. For example, if an employee is contacted after hours about a minor issue, they have the right to refuse. However, if an employer contacts an employee because of a security breach or urgent matter, the refusal might not be considered reasonable.

If employees believe their rights under this law have been violated, they are encouraged to first address the issue with their employer. If the situation isn't resolved internally, they can escalate it to the Fair Work Commission. Employers found to be in breach of this law could face fines up to $18,000.

The "right to disconnect" law will be implemented in stages. It will come into effect for businesses with 15 or more employees on August 26, 2024. Smaller businesses, with 14 or fewer employees, will have until August 26, 2025, to comply.

This legislation is part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which was passed on February 26, 2024. It is seen as a significant step towards ensuring a healthier work-life balance for Australian workers.

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