Technological development has made job opportunities much greater, and digitalization, remote work and internet contact have become part of many professions. Due to the flexibility of working in today's world, many employees have experienced a disruption in their work-life balance. Unlike in the past, leaving the office often does not mean the end of work, because with the help of technology, professional responsibilities are transferred home. They accompany us after working hours, during the time that we should devote to private life. This is important from the point of view of the psychological well-being of employees and, consequently, their performance during regular working hours.
The new law
Australia has taken the research into account and in February this year introduced a law that allows employees to refuse to contact their employer after contractual working hours.
According to the new provisions contained in the Fair Work Act of August 26, 2024:
Employees have the right to refuse work-related contact and to monitor and read information related to it. For the time being, this law applies to employees of large and medium-sized enterprises. Employees of smaller organizations (less than 15 employees) will gain them after one year, that is, August 26, 2025.
However, the employee's refusal to contact must not be unjustified. Some professions, for example managerial, require more frequent attendance, flexibility and are characterized by a higher degree of responsibility. A justified refusal to contact will be a situation where there is:
- burdensome way of making contact by the employer,
- the absence of remuneration for overtime work stipulated in the contract,
- the nature of the employee's position and the responsibilities associated with it,
- personal circumstances of the employee (family and caring responsibilities).
At the same time, the law does not prohibit employers from contacting an employee outside regular working hours. It allows the employee to refuse contact, but the employer can make an attempt to make contact.
Australia is not the only country currently respecting the “right to disconnect” (from digital technology that shifts work responsibilities to private life). Such a law has also been introduced in France (the first country to introduce such legislation in 2017) and Spain. The UK has announced similar changes.
Examination
Portalo The Conversation conducted a study that shows how — from a psychological point of view — employees cope with the digital possibility of being online and offline.
The study participants were divided into three groups in terms of how they treated the possibility of being connected online:
- Group 1: Being connected as a resource. Employees of this group recognized the ability to be online as a tool that allows them to collaborate, respond quickly to business orders, have constant access to the latest data and work flexibly from any location they choose.
- Group 2: Being connected as a challenge. This group of employees sees the possibility of connectivity as a burden. They believe that the pressure of working longer after hours increases, which causes them to feel overwhelmed and guilty about not responding to the online tasks they receive.
- Group 3: Being connected as a necessity to maintain a healthy balance. This group argues that being online requires a balance between work and home. Although these employees have the most neutral attitude to being online, they still experience psychological discomfort in the form of distraction and information overload.
The results of the study showed that the lack of adequate legal regulations leads to employees having to set limits themselves, while feeling pressure. In many cases, employees would prefer to rely on actual legal provisions that could settle contentious issues between them and employers.
Other data, collected in a study by the American recruitment and commercial consulting firm Robert Half, showed that:
- 36% of workers in Australia receive calls and emails from their employer outside of working hours several times a week.
- 70% of these workers would feel better and more comfortable if the law allowed them to ignore contact from their employer outside of contractual working hours.
- 68% of employees believe that their work experience will improve after the change in the law: the work-life balance will benefit.
- However, 35% of workers fear that the new law will result in a disproportionate influx of new responsibilities during regular working hours.
- 87% of office workers will benefit directly from the new Australian law.
As Robert Half's study shows, the majority of respondents positively assess the changes, claiming that their situation will improve and the balance between private and professional life will be restored.
Social context
Australian Forbes, on the occasion of the introduction of the new law, gave some key facts about the situation of workers:
- 87% of office workers say they have been contacted outside of working hours.
- Australian workers spend an average of 5.4 hours in unpaid overtime per week.
- 60% of Australians feel exhausted and anxious due to workload.
- 78% of employees prefer to work in a company that has a clear policy of the right to disconnect.
One of the most significant pieces of information is the one that talks about unpaid overtime. It was calculated that, by absorbing their official duties, private individuals employed in Australia performed an additional 281 hours of unpaid work per year. The value of this work was estimated at 11,000 Australian dollars.
Can a similar law be introduced in Poland?
In 2021, the European Parliament called on the European Commission to create a directive on the right of an employee to disconnect from their duties outside working hours, which would protect workers from excessive digital burdens. The COVID-19 pandemic has shown that the line between the digital and the real world, and thus between private and professional life, is thin and easy to cross.
Currently, in the European Union, the right to be offline exists in 9 countries: France, Belgium, Italy, Spain, Slovakia, Croatia, Greece, Portugal and Luxembourg.
However, the introduction of such a law raises some interpretative doubts, since it would have to specify how broadly it should cover employee responsibilities related to communication or other tasks.
Polish labour law does not contain direct regulations on the right to be offline. Employees have the right to uninterrupted daily (11 hours) and weekly (35 hours) rest - this right is described in the Labor Code. However, there is a lack of clear rules that explicitly prohibit expecting employees to be available outside of working hours. The Ministry of Family, Labor and Social Policy indicated that the current legislation in Poland protects workers, but also acknowledged that additional regulations may be introduced.
Organizational culture
Although the new right to be offline significantly regulates the situation of employees, it is worth noting that the demarcation of work and household and private responsibilities is the responsibility of employees and employers, who together create the culture of the organization. Reducing burnout benefits both the company and employees. The law introduced in Australia is also an inspiration to create coherent and ethical values of an organisational culture that takes into account the harmony of work and private life.
For example, Ireland has adopted a code of good practice in this area. Although it does not have a formal legal status, it can be used by courts when deciding disputes.
Making significant changes is not only a change in the law, but also the promotion of a healthy work culture. Companies enforcing the rules of the right to be offline show that employees setting boundaries need not fear repercussions from the employer. A culture based on mutual respect is a step towards a sustainable working environment.
