Legal Update Alert: Your employees right to disconnect
O*NO! Major changes have come into play for workplace laws around Australia, are you on top of them yet?
Last week, the Closing the Loopholes Bill passed the Senate. This doesn’t mean it’s in the law yet, but if approved by the House of Representatives, then it will apply. For now, let’s take a look at one of the more headline making changes – the Right to Disconnect.
What is the Right to Disconnect?
As we've wholeheartedly embraced remote work, a trend that gained momentum during the pandemic, the once clear lines between our work and personal lives have gotten a bit fuzzy. While this shift brings flexibility, it's not without its challenges, especially when it comes to our mental and physical well-being. The constant 'on' feeling can lead to sleep issues, burnout, and increased stress, affecting both our personal and professional relationships. Moreover, this blending of boundaries has uncovered an unexpected path to wage theft through unpaid overtime.
A Right to Disconnect will allow employees to set clear boundaries at work by not facing punishment for a refusal to attend to unreasonable work calls or answer emails in their unpaid personal time. If an issue as such arises, employees will be given the right to raise it with their employer and discuss expectations around it. If it cannot be resolved internally, employees can apply to the Fair Works Commission for assistance.
It's important to note, however, that there will be exemptions to this rule. For instance, employees who are paid for being on-call or have job descriptions requiring such availability, a common scenario in the real estate industry with its unconventional hours for professionals like agents and property managers. Exceptions also apply in emergencies or when there are crucial changes to an individual's work conditions that need prompt communication.
This isn’t a new concept, but it is a major step towards protecting people’s work-life balance.
What does the Right to Disconnect mean for You?
To make sure you're in the clear and not breaching the Right to Disconnect rule, there are several steps you can take as an employer:
Establish Clear Policies: Clearly outline your expectations regarding after-hours communication in your company policies. Make it known that employees are not obligated to respond to work-related calls or emails during their personal time, unless exceptions apply (eg. emergencies, open houses, auctions).
Define Exceptions: Clearly define what constitutes an emergency or exception, and establish specific protocols for urgent situations that may require after-hours attention.
Encourage Open Communication: Foster a workplace culture where employees feel comfortable discussing their concerns or challenges related to after-hours work expectations. Establish effective channels for communication, and consider having a Human Resources department in place to handle internal matters before resorting to involvement with the Commission.
Provide Training: Educate your team about the importance of work-life balance and the Right to Disconnect. Offer training sessions or materials that emphasise the company's commitment to respecting personal time and boundaries.
Implement Technology Solutions: Consider implementing technology solutions that enable employees to set specific time frames for receiving work-related notifications. This can help in respecting their personal time and reducing the pressure to be constantly available. Additionally, for those after hour messages you've got lined up, try scheduling them to hit inboxes during work hours. That way, nobody feels the need to jump on them during personal time.
Key Takeaways
As we dance with the tune of remote work, the blending of professional and personal spheres has brought both flexibility and challenges. The Right to Disconnect emerges as a beacon, offering employees the power to set boundaries without fearing repercussions for ignoring work calls or emails during their precious personal time.
For employers, it's a call to action. To ensure you're riding the waves and not breaking the Disconnect rule, follow these steps: set clear policies, define exceptions, foster open communication, provide training on work-life balance, and implement tech solutions to respect personal time.
Remember, this isn't just a policy tweak; it's a substantial move toward safeguarding the delicate balance between work and life. Be a workplace that respects the clock and prioritises their employees well-being.
Are employment law complexities holding you back? Whether it's navigating employee requirements or tackling any workplace-related issue, we're here to support you every step of the way – get in touch with our legal experts today.
Boring legal stuff: This article is general information only and cannot be regarded as legal, financial or accounting advice as it does not take into account your personal circumstances. For tailored advice, please contact us. PS - congratulations if you have read this far, you must love legal disclaimers or are a sucker for punishment.