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Right to disconnect: Warning 'big' change will spark 'panic' as every Aussie gets new work right from Monday

The Right to Disconnect rules kick in on August 26 and will allow workers to refuse contact outside of work hours.

Suhini Wijayasinghe next to Aussies heading to work
A new work rule will kick in on August 26 and it could have huge ramifications for workers across the country. (Source: people2people Recruitment/Getty)

A big change is just days away from being brought into every workplace across Australia. Workers will soon be given the right to reject work calls when they're not actually at work.

Suhini Wijayasinghe, head of HR Solutions at people2people Recruitment, told Yahoo Finance this is a "generational shift" in the way managers will have to operate. She urged employers to be ready when the new law kicks in next week.

"A lot of businesses are going to panic about how to implement this particular change because it is a big change," she said.

"And so I think the conversation, rather than is it right, is it wrong, is more about how are you actually going to engage with your workforce to do this properly."

The law was passed earlier this year and will officially come into play on Monday, August 26.

It gives workers the right to refuse unreasonable communication like phone calls, text messages, emails and other forms of communication from colleagues outside normal work hours.

August 26 is the official start date for non-small business workplaces, while small businesses will have another year before it's implemented.

Fair Work has outlined the conditions that are factored in when communication might become unreasonable:

  • The reason for the contact

  • Whether the employee is compensated for being available and working extra hours

  • The nature of the employee’s role and responsibility

  • Their personal circumstances, including family or caring responsibilities

The right to refuse communication will be added to your award contract on August 26.

You can find out more information from the Fair Work Commission changes here.

Wijayasinghe explained to Yahoo Finance there likely won't be a one-size-fits-all approach to how this law will work.

"When you look at these laws, people immediately think of an office space or a corporate environment," she said.

"While that might be easier to implement, there's a wide array of industries in our country. How is that going to impact people who are working remotely, doing shift work, in areas where they can be on call, how are you going to navigate that particular landscape?"

She said workplaces will have to go through an "explorative period" where they test what works best for everyone, but she stressed that it should be collaborative and not just come from the top down.

"If you take that approach over the next couple of months, I think that's going to lead you in the right direction," the HR expert said.

A recruitment expert has highlighted concerns about how rejecting a late-night message or call could limit your career progression.

Graham Wynn, founder and director of Superior People Recruitment, is worried the laws go “too far” and will create a “minefield of problems”.

“It will cause disharmony in the workplace. If you are never available to take calls and somebody else is, will that affect your career opportunities - that’s where it could have an impact,” Wynn told Yahoo Finance.

But Wijayasinghe said if that's the approach your manager takes then it could be the sign of a toxic workplace. 

"I think it's important for leaders to establish that your output within your work hours is what's being taken into consideration, and anything outside of that is something that we need to address," she said.

"So I think that, as leaders, we just need to be really mindful of how it can psychologically impact our employees."

people2people research found 78 per cent of employees will work for a company that has clearly defined Right to Disconnect rules, meaning this law could follow in the steps of working-from-home allowances as a major work perk that could attract top talent.

Wijayasinghe urged employees to set clear boundaries with their employer about what they consider outside work hours and what type of communication they're comfortable with.

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