- The law on the right to disconnect comes into force on Monday
- Staff may refuse to take calls from the boss.
New federal “right to disconnect” laws will go into effect Monday, legally protecting workers from being forced to take non-emergency calls and respond to emails outside of work hours.
From 26 August, employees of large companies will be able to refuse to answer “unreasonable” calls from their employer outside of working hours. Not answering the phone will be unreasonable if contact is required by law.
If the law does not require responding to the call or email, reasonableness will be judged by the employee’s level of job responsibility, how disruptive the contact was, and whether the employee received compensation.
The Fair Work Commission is the port of contact where an employee or employer can make a complaint.
Businesses that violate the rules, including an individual employee, may be subject to civil penalties of up to $19,800.
The changes do not prohibit an employer from sending the email or message outside of working hours.
The new laws will apply to businesses with 15 or more employees from 26 August 2025. Smaller businesses have another 12 months to adapt to the change.
Although some business leaders feel the changes will hurt productivity, a survey suggests the effects of “right to disconnect” practices can increase staff retention by 40 percent.
New federal “right to disconnect” laws will go into effect starting Monday, legally protecting workers from being forced to take non-emergency calls and respond to emails outside of business hours (file image)
A long-term analysis of 24,000 workers found that the right to be off-call during all hours of the day and night increases productivity and retention, according to one study.
Business management platform Nimbus followed 24,000 employees over five years and found that companies that implement the “do not disturb” principle retain staff longer.
“Far from being a drag on productivity, these new laws (on the right to disconnect) could help improve it, if organisations accept that they must now collaborate with their staff and give them the tools to improve their work-life balance,” said Nimbus chief executive Grant Custance.
‘Getting the right people, with the right skills, to be more motivated because they know where they stand in terms of their working hours, is a positive thing.’
Custance founded Open Wave in 1998, which four years later became the software used to schedule staff in 80 percent of Australia’s call centres. The company was acquired in 2011, and in 2015 he founded the company that would later become Nimbus.
Telstra uses Nimbus technology for call forwarding during natural disasters, and global security giant Serco uses Nimbus globally.
The Nimbus app is installed on workers’ phones and they can set a “do not disturb” time period.
Nimbus tracked 24,000 workers at “some of Australia’s most iconic retailers” over five years. Companies where staff used the “Do Not Disturb” feature retained staff at an average rate 40% higher.
Michael Clark, former chief executive of the Fair Work Ombudsman, said many organisations “have not yet gotten the message” that the employee-employer relationship has changed.
“Gone are the days when a text or call from your boss at 6 a.m. forced you to go to work,” Clark said.
‘The right to disconnect has put an end to this archaic practice and puts the power to decide when to receive messages in the hands of the employee.’
From 26 August, employees of large companies will be able to refuse to answer “unreasonable” calls from their employer outside of working hours. Not answering the phone will be unreasonable if contact is required by law (file image)