
Following a complaint from an employee, the Australian Fair Work Commission will determine the extent to which «unreasonable» was the request of the boss — and will evaluate what penalty to impose on him.
Australian workers have been looking forward to this Monday, as amendments to the Fair Work Act came into effect in the country, prohibiting managers from punishing staff for not getting in touch after hours. Moreover, as noted by The Guardian, the bosses themselves may be fined if they «unreasonably» disturb an employee during his or her legal rest period.
In the law, such an update is called the «right to disconnect»:
«The right to disconnect allows employees to refuse to answer work-related calls or messages during rest periods», — the Australian Public Service Commission’s guidelines state.
Dr. Gabrielle Golding from the University of Adelaide’s Faculty of Law says that less overtime (and unpaid) work can reduce employee stress and exhaustion, while employers can benefit from this as staff productivity during working hours will increase:
«Employees will have a clear end of day time and will no longer have the burden of being available for work-related matters on their own time, with certain reasonable exceptions».
Similar laws already work within the framework of agreements of individual companies, as well as in some European countries — the European Commission is still evaluating their effectiveness.
The law comes into force for all «employees of the national system» on August 26, and for small enterprises on the same date, but in 2025. At the same time, the ban is not absolute and provides for exceptions — the reason and method of contact, personal circumstances and the availability of compensation for calls outside of working hours will be considered when considering a violation.
Initially, the employee must file a complaint with the employer, while the Fair Work Commission may then act as a mediator or arbitrator. If the issue is not resolved amicably, the Commission may issue a fine. For a company, it reaches $60,000, while an employee can be charged up to $13,000, says BBC.
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