Workers will have the right to ignore their boss after clocking off under new Australian laws - with bosses facing criminal penalties if they keep offending

• The ‘right to disconnect’ is part of a raft of changes proposed by government
• Lawmakers say it will protect workers’ rights and help restore work-life balance 

Workers will have the right to ignore their superiors after they clock off under new Australian laws that could see offending bosses facing criminal penalties.

The ‘right to disconnect’ is part of a raft of changes to industrial relations laws proposed by the federal government under a parliamentary bill.

Lawmakers say it will protect workers’ rights and help restore work-life balance.

While workers currently face being disciplined or fired for ignoring their bosses, the new law will protect their jobs if they do so outside of working hours.

Employers that breach the rule could be fined.

Workers will have the right to ignore their superiors after they clock off under new Australian laws that could see bosses facing criminal penalties for breaching them

Similar laws giving employees a right to switch off their devices are already in place in France, Spain, Ireland and other countries in the European Union.

‘What we are simply saying is that someone who isn’t being paid 24 hours a day shouldn’t be penalised if they’re not online and available 24 hours a day,’ Prime Minister Anthony Albanese told reporters earlier on Wednesday.

A majority of Australian senators have now declared support for the legislation, Employment Minister Tony Burke from the ruling centre-left Labor party said in a statement on Wednesday.

The provision also stops employees from working unpaid overtime through a right to disconnect from unreasonable contact out of hours, Burke said.

The bill is expected to be introduced in parliament later this week.

The bill also includes other provisions like a clearer pathway from temporary to permanent work and minimum standards for temporary workers and truck driver.

Some politicians, employer groups and corporate leaders warned the right to disconnect provision was an overreach.

They argue the measure would undermine the move towards flexible working and impact competitiveness.

Andrew McKellar, the Australian Chamber of Commerce and Industry chief executive, slammed the move, calling it a ‘dumb idea’.

‘It’s not practical. It’s not going to be workable,’ he said.

Bran Black, the Business Council of Australia’s chief executive, said businesses could struggle with the law if they are not allowed to email employees who operate across Australia’s three different timezones, The Times reported.

The left-wing Greens, which supports the rule and was the first to propose it last year, said it was a big win for the party.

A deal had been reached between Labor, smaller parties and independents to support this bill, Greens leader Adam Bandt said on Twitter.

‘Australians work an average of six weeks unpaid overtime each year,’ Bandt said.

That equated to more than A$92 billion ($£47.55 billion) in unpaid wages across the economy, he added.

Right to disconnect laws aim to address the struggle many workers face in switching off from work out of working hours.

It has become particularly pertinent in the digital age, with people having access to their work tools on digital devices at home, including phones and laptops.

The issues became particularly apparent to many during the Covid-19 pandemic with more people working from home, blurring the line between home life and work life.

But some countries, such as France, implemented disconnect laws years before the pandemic. Paris passed such a law in 2017 that protects workers from being penalised for ignoring messages after-hours.

In the UK, the opposition Labour party has said it would take similar steps.

In Australia, if an employer persistently makes out-of-hour contact, workers will have the power to refer them to the country’s work place regulator. The Fair Work Commission can then issue a ‘stop’ order and fine bosses who fail to follow.

The new laws are expected to pass the country’s parliament this week.

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