Illustration of two hands in business attire disconnecting an electrical plug, symbolising the Right to Disconnect from work communications outside of usual work hours.

Variation of Modern Awards: Right to Disconnect

Significant changes are coming to the Fair Work Act 2009 with the introduction of the Right to Disconnect, a formal workplace right allowing employees to disconnect from work outside their usual hours. Key dates to be aware of are:

  • 26th August 2024 for non-small business employers
  • 26th August 2025 for small business employers

What Does This Mean for Employers and Employees?

This legislation aims to enhance work-life balance and protect employee wellbeing. Employees will have the right to refrain from responding to employer contacts outside their work hours unless it is considered unreasonable. Here’s how it will affect workplace interactions:

  • Employee Rights: Employees can opt out of monitoring, reading, or responding to work messages when not obligated or compensated, provided it is not unreasonable.
  • Employer Contact: Employers can still contact employees, but employees are not required to engage outside work hours unless there are urgent or welfare-related concerns.

Emergency Situations

In emergencies or genuine welfare concerns, employees should respond when practicable to ensure their safety. Even a brief acknowledgment via email or text is encouraged to confirm receipt and ensure safety, in line with the organisation’s duty of care obligations.

New Policy: The Right to Disconnect

To help you comply with this new legislation, Harmonise HR has developed a comprehensive policy titled “The Right to Disconnect.” This policy outlines your obligations and clarifies employee rights under the new law. For more details, check out this interesting article.

Get the Policy

To add this essential policy to your suite, or if you have any questions, please contact us.

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