Associate Professor Martijn Boersma
From today, Monday August 26, many employees in Australia get a new right, called the聽.
This entails the right to refuse to read or respond to work-related calls, texts and emails outside their working hours, unless that refusal is unreasonable.
The Fair Work Commission says聽聽is whether the refusal is unreasonable, rather than whether the attempted contact is unreasonable.
Among the things that will determine whether a refusal is unreasonable are the employee鈥檚 role, their personal circumstances, the method and reason for the contact, how much disruption it causes them and whether they are compensated for being available or for working additional hours.
Those working for small businesses (with fewer than 15 employees) get the right to disconnect in August 2025.
As with any changes to conditions of employment, it has sparked聽.
Supporters say the right to disconnect is needed to slow the聽聽of work into personal life. Opponents say it will harm聽.
Fortunately, we鈥檝e clues from overseas to guide us.
聽was the first country to introduce a right to disconnect in 2017, followed by Belgium, Italy, Argentina, Chile, Luxembourg, Mexico, Philippines, Russia, Slovakia, Spain, Ontario in Canada, and Ireland.
An analysis of these laws and their impact, which we are preparing for the Journal of Industrial Relations, finds that while they can improve work-life balance and wellbeing, their success depends on how they are implemented and enforced聽.
Employers that take right to disconnect laws seriously offer more聽聽to those who are interrupted than companies that don鈥檛, in the form of pay or time off in lieu. Unpaid overtime is significantly more common in companies without a right to disconnect policy.
In the countries that have a right to disconnect, only about 45% of workers say they are aware of it being offered in their workplace, and only about half of them say they are aware of聽.
In some countries, including France, the law requires that employers and employee representatives come together to negotiate specific rules about when work should stop and personal time should begin.
This means that in France, there are often clear agreements about when workers can ignore emails or calls.
In Belgium, instead of making it mandatory for companies to enforce the right, the law encourages discussions about it in health and safety committees. So, while there isn鈥檛 a strict rule forcing companies to ensure workers can disconnect, there is a system in place to have conversations about it.
What each country has in common is the idea that employers and employees need to work together to find a balance between work and personal time.
This suggests that merely introducing legislation is not enough: effective implementation requires clear guidelines, awareness-raising, and a cultural shift聽.
A key challenge in Australia will be to make clear what is a 鈥溾 refusal of a work-related contact and what is not.
The Fair Work Commission wants employers and employees to attempt to聽聽before escalating disputes to the Commission.
An important part of this is consultation聽聽at the beginning to develop聽听补苍诲听聽tailored to each role.
There are also practical steps workplaces can take to聽聽of work-related information, such as disabling notifications after hours, setting up automatic out-of-office replies and scheduling emails rather than sending them immediately.
The biggest challenge will be a cultural shift that prioritises employee wellbeing. Hyperconnectivity need not be an聽聽of modern work life.
Managers should聽聽by respecting non-work hours themselves and avoiding after-hours communication.
The continued existence of the new right is far from certain. Opposition Leader Peter Dutton has promised to聽聽if he wins the next election, saying it will make it impossible for some businesses to employ staff.
Success will depend on employers and their workers agreeing on clear ground rules from the beginning.
This article originally appeared in . Emmanuel Josserand聽is a Professor of Management, EMLV, Paris and Adjunct Fellow at the University of Technology Sydney.聽Martijn Boersma聽is an Associate Professor of Work and Organisational Studies at the University of Sydney Business School.