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Australia introduces 'right to disconnect' for employees

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When it's after-hours and the boss is on the phone, Australian workers – who are already among the best rested and most personally fulfilled in the world – will soon be able to press 'decline' in favor of the tempting lure of the beach.

In yet another pillar of support against the scourge of overwork, Australia's Senate on Thursday passed a bill giving workers the right to ignore calls and messages outside working hours without fear of repercussions. It now goes back to the House of Representatives for final approval.

The new bill, which is expected to pass the House of Representatives with ease, will allow Australian employees to refuse 'unreasonable' professional communications outside the working day. Workplaces that punish employees for not responding to such demands may be fined.

“Someone who is not paid 24 hours a day should not be punished for not being online and available 24 hours a day,” Prime Minister Anthony Albanese said at a press conference on Wednesday.

The provision is a last-minute amendment to a package of proposed legal changes aimed at strengthening workers' rights. The legislation, which also includes protections for temporary workers seeking more permanent employment, and new standards for gig workers such as food delivery drivers has been hotly debated.

Australia is following in the footsteps of European countries such as France in 2017 introduced the right of employees to disconnect from employers during their employment, a move later followed by Germany, Italy and Belgium. The European Parliament also called for a bloc-wide law that would ease the pressure on employees to respond to communications 24 hours a day.

“The world is connected, but that has created a problem,” Tony Burke, the minister for employment and workplace relations, said in a statement. interview Tuesday on the Australian Public Broadcaster.

“If you have a job where you only get paid for the exact hours you work, some people are now constantly getting into trouble if they don't check their emails,” Mr Burke added. . It was reasonable for employers to contact their employees about shift schedules and other matters, he said, but employees should not be required to respond to these messages during their uncompensated hours.

Unions and other industry groups have long argued that workers have the right to disconnect, but the issue gained more attention during the pandemic, when a widespread shift to remote work led to a further blurring of the boundaries between private life and work life.

Critics of the new rule, including business groups and opposition lawmakers, have called this out hurried and an over-the-top approach from the government, which expresses concern that this could make it harder for businesses to get their work done.

“This legislation will impose significant costs on businesses and result in fewer jobs and fewer opportunities,” Bran Black, the CEO of the Business Council of Australia, said in a statement.

“None of the measures are intended to improve productivity, jobs, growth and investment, which are the ingredients of a successful economy,” said Michaelia Cash, a senator from the right-wing opposition Liberal Party. She added: “Workers already have legal protection against unreasonable working hours.”

Others criticized the mechanism of the legislation, which places the onus on employees to protect their rights rather than requiring employers not to contact staff members at unreasonable hours.

Similar orders, says Kevin Jones, an Australian workplace safety expert, “are usually used by someone who realizes that his relationship with his employer is now so tainted that it is no longer functional and he might as well leave.”

Australians already enjoy a host of standardized benefits, including 20 days of paid leave, mandatory paid sick leave, six-week 'long service leave' for those who have stayed with an employer for at least seven years, and 18 weeks of paid maternity leave, and a national minimum wage of about $15 per hour.

The country ranks fourth in the world for 'work-life balance', behind New Zealand, Spain and France, according to an index from global employment platform Remote. The United States ranks 53rd with a minimum wage of $7.25.

“Work-life balance is a cultural trait for Australians,” says Mr Jones. “We'll go to the beach, mess around, and have free time.”

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