A few months ago, the ‘right to disconnect’ came into effect as part of a bid to improve work-life balance for Australian employees. But new research suggests that the laws are so far not having the intended effect.
The ‘right to disconnect’ gives employees the right to refuse work-related contact outside their normal working hours, and was introduced as part of a suite of changes to the Fair Work Act this past August.
The laws are supposed to protect employees’ work-life balance – and had some businesses worried that their regular operations would be impacted. However, new research suggests that the ‘right to disconnect’ isn’t having much effect after all.
A new survey by job site Indeed found that 80 per cent of employees are regularly contacted outside working hours. Not only that, but 90 per cent of employees say they regularly work past their official finish time.
Employees too scared to disconnect
The survey found that 79 per cent of employees are still fearful of disconnecting from work-related messages after hours, due to expected negative repercussions.
Employees aren’t the only ones worried about what an after-hours disconnect could mean. Almost half of Australian employers – 47 per cent – feared a drop in employee productivity without some out-of-work communication. In fact, 55 per cent of employers said they would pay their employees extra to be able to make contact after hours.
Notably, the ‘right to disconnect’ legislation excludes contact considered “reasonable”. This could be one reason why out of hours contact is still occurring at such high rates. The employers that Indeed surveyed considered urgent project deadlines, correcting an error, and personal matters (like extending a period of absence from work) “reasonable” reasons to contact an employee after-hours.
What it might mean
The stats suggest that many workplaces rely on both after-hours communication and after-hours labour, despite the fact that 52 per cent of workers said that it disrupts their personal life, and 30 per cent said it impacts their mental and/or physical health.
The ‘right to disconnect’ laws don’t yet apply to small businesses. However, many say they rely on flexible hours and integrated work schedules, so it’s likely that the legislation won’t be relevant to their working lives either.
“Leaders and their teams should discuss and agree upon what constitutes reasonable after-hours contact, and if or when it should be compensated,” said Amanda Gordon, Workplace Psychologist at Indeed. “If everyone is on the same page regarding what is deemed ‘urgent’ and warrants contact, the legislation will serve them well.”
