Article: The Right to Disconnect: What Australian employers can learn from other countries

Strategic HR

By Alyssa NavarroFeb, 26 2024 @7:48am IST

In music, there's a fascinating element often overlooked: the rest. These intentional pauses, like the notes themselves, are essential for creating rhythm and melody. Without musical rest, a song would feel chaotic and overwhelming, merely a song at all.

It’s similar to Australia’s “Right to Disconnect” law. While seemingly counterintuitive, allowing employees to disengage outside of work isn’t simply a perk – it's a strategic pause woven into the rhythm of your business.

These intentional “rests” can revitalise everyone involved – employers included. Maybe stepping away from the constant work stream, even for the most driven among us, fosters focus and fresh perspectives, especially in today’s 24-7 society.

Australia’s Right to Disconnect law: Boon or bane?

Let's be honest – as employers, the concept of Australia implementing its own “Right to Disconnect” law can sound like another obstacle, a loss of control in an ever-competitive market. The idea of your employees switching off during their downtime might initially feel counterproductive.

With a growing emphasis on flexible work arrangements, some critics believe that giving employees the right to file a complaint before the Fair Work Commission just because a manager messaged them outside of the shift is a bit excessive or even conflicting. Employers have also argued that Australia has enough laws that allow people to live with a work-life balance.

But here's the truth: Many countries have done it, and more are following suit. Australia is merely following something that may soon be the new global normal. And since work disconnection is likely to be fundamental to the modern workplace, it only follows that Australian employers learn from the success and even mistakes of the first countries to implement it.

The law is an ongoing progress in France

France was an early adopter of work disconnection, if not the first one to do it. Its “Right to Disconnect” law took effect in 2017, before the COVID-19 pandemic and the rise of remote work arrangements. While digital technologies were a factor in the law's passage, most of its provisions weren’t fit to address situations more typical in the post-pandemic era, such as the prevalence of hybrid and flexible work arrangements.

France's experience illustrates that legal changes cannot solely drive lasting change in workplace culture. Right now, Australian employers can voice out loopholes and recommend solutions constructively. Just being part of the discussion on how to implement a work disconnection law, and involving the insights and sentiments of the employees, will make a huge difference. It is, after all, a law that should benefit both employers and employees.

The details make the difference in Belgium

Belgium passed its “Right to Disconnect” law in 2022, and it stands out as a valuable role model. Contrary to the French version, Belgium included clear provisions to address the post-pandemic era of work. This ensures employees can disengage from work-related communications outside established work hours – without worrying about negative consequences.

Australian employers can take a page from Belgium's book: clearly define boundaries around work communications. Explicitly establish when you expect an employee to be responsive and when their personal time begins. This fosters peace of mind, reduces fatigue, and protects the long-term well-being of your workforce.

The value of collaboration in Spain’s version

While the Spanish work disconnection law does oblige employers to respect a worker’s right to disconnect, it doesn't dictate a rigid, universal policy. Instead, it strongly encourages companies to create internal policies through negotiations and collective bargaining with the workers. This provides flexibility to account for various work settings and different needs across industries.

The key takeaway here for Australian employers is collaboration. Laws lay down the guidelines for implementation, but the actual enforcement – the specific steps and regulations on the ground – it’s all within the power of the employer. The best way to make it successful for every party involved is by implementing it with everyone’s input and agreement.

A lesson on framing by Portugal

For Portugal, the law isn’t just emphasising the right to disconnect or disengage on off hours. It’s more about a worker’s “right to rest” as they call their version of the work disconnection law. Under the law, companies with 10 or more employees may face penalties for contacting staff beyond the agreed work hours. Moreover, workers with kids below eight are also permitted to work remotely to attend to the needs of the children.

The “Right to Disconnect” version in Portugal frames the worker in the context of health and family. Australian employers can take a similar approach by viewing the country’s work disconnection law to uphold basic human rights. With this perspective, employers can create organisational rules for fostering a workplace that empowers people to live and work with balance.

Moving forward with the ‘Right to Disconnect’

As the world moves forward after the pandemic, we realise how much of the traditional work structure is going away for good. Flexible work, hybrid setups, and now the right to disconnect are just some of the changes shaping work's future. And the only way to survive this change is to adapt.

It’s not just Australia following suit in the wave of countries implementing a “Right to Disconnect” law. Most member states of the European Union are under pressure to pass a similar law as workers gain a voice in the discussion of work-life balance. Even Kenya is joining the movement.

Sure, work disconnection laws aren’t a considerable discussion in the United States now, but it seems the trend is going there. A 2021 study by a US-based employment company found that more than 60% of the 1,000 employees surveyed believe contacting them after work hours should be illegal.

The “Right to Disconnect” law promises more than just a quiet evening for employees; it promises a healthier, happier workforce able to produce results for employers as well.

Countries that pioneered this policy have seen tangible results – reduced stress levels, improved work-life balance, and even gains in creativity. Isn't that something we want for ourselves and our teams?

Of course, change doesn't happen overnight, and hesitations are normal. This is, after all, uncharted territory, and Australia has the chance to chart its own course, learning from others’ experiences. It all starts with open communication, clear expectations, and the willingness to rethink our “always-on” mentality.

The “Right to Disconnect” may start as a law, but laws are merely guidelines that hopefully trigger a new workplace culture with healthier individuals, thriving businesses, and a re-imagination of what true work-life balance means in the 21st century.