For employees

Australia introduces right to disconnect

In Austria, the Carinthian Chamber of Labor recently called for a legal regulation on the right to be unavailable. The Chamber of Commerce immediately spoke out against this.

(Bild: BullRun - stock.adobe.com)

The right not to be contacted came into force in Australia on Monday. It officially applies to millions of employees, who are therefore not obliged to respond to text messages, emails or calls outside of working hours - unless the refusal is considered "unreasonable".

In Austria, there is no clear right of this kind, although a call from the boss on vacation can be counted as working time if necessary. In Austria, the Carinthian Chamber of Labor recently called for a legal regulation on the right to be unavailable. The Chamber of Commerce immediately spoke out against this. However, the issue has not yet become a major topic of political debate in Austria.

In Europe, similar laws have been in place in France since 2017, in Spain since 2018 and in Belgium since 2022. A European law that establishes a right to unavailability is being discussed in connection with a European legal framework for defining minimum requirements for teleworking.

No obligation to be reachable even with a work cell phone
AK employment law expert Maximilian Turrini recently stated: "Employers are generally not allowed to contact their employees who are on leave or time off. If leave is interrupted by a business phone call or email, this is considered working time and may not be deducted from the leave account."

Even the possession of a company cell phone does not oblige employees to be reachable during their free time. "During vacation, switching off the company cell phone is not only permitted, but often a basic requirement in order to achieve the recreational value that is also required by law," says Turrini. The Chamber of Commerce stated: "A separate law is not necessary, the existing regulations and case law provide sufficient protection for employees.

The Australian regulation was passed in February. It applies to companies with more than 15 employees. For smaller companies, it is due to come into force on August 26, 2025. It ensures "that people who are not paid 24 hours a day do not have to work 24 hours a day", said Prime Minister Anthony Albanese on ABC television.

It's about the mental health of workers
It's also about the mental health of workers, Albanese continued. People should be able to take a break from their work and devote themselves to their families and their lives. The trade unions welcomed the law. "Today is a historic day for working people," said Michele O'Neil, President of the trade union umbrella organization ACTU. In future, they would no longer be exposed to the stress of having to "constantly answer unreasonable calls and emails from work".

Criticism came from the business community, however. The reform was "rushed, ill-conceived and very confusing", explained the industry association AI Group. "At the very least, employers and employees will now be in the dark as to whether they can take or make a call outside of working hours to offer an extra shift," the association criticized with regard to the exemptions enshrined in the law.

The head of the arbitration service for employment disputes, Fair Work Ombudswoman Anna Booth, called on employees and companies to implement the new legislation with "common sense". Courts would have to decide how the term "unreasonable" should be defined in a dispute. This would depend on the circumstances: for example, the reason for contact by the employer outside of regular working hours, the position of the employee or payment for overtime or availability.