In this ultra-connected world, it is important to know where you stand when it comes to disconnecting from your place of work.
Australia is the latest in a string of countries that have introduced some form of a right to disconnect from the workplace. This means that outside of agreed upon working hours, employees in Australia are not obliged to communicate with their place of work, nor can they be penalised for not engaging.
Arguably, the world is too connected, making it almost impossible for employees to fully switch off when it comes to work. With this in mind, some countries have decided it is crucial to overall physical and mental health that employees are given an adequate respite period, free from work-based interruption.
In addition to Australia, many other countries like Ireland, France and Belgium have similar policies, with regions such as Canada and the UK looking to introduce new legislation. If you want to assess how your country is approaching the issue, then there are a number of areas you need to look at.
Who is it for?
The right to disconnect varies from region to region, with some countries, for example the US, having no such legislation in place. It is worth noting however, that California is looking to introduce state-wide rules.
If your location does offer employees the right to disconnect it is important that you further investigate who actually benefits, as sometimes not everyone does. Take for example Australia’s right to disconnect law, which states that only companies with 15 or more employees are subject to this rule currently. The rule will apply to companies with less than 15 employees on 26 August 2025.
Belgium has a similar policy wherein only businesses with more than 20 employees are subject to the rule and while it is automatic for Belgians working in the civil service, employees in the private sector would have to have a written CBA contract confirming they have the right to disconnect.
CBA standing for collective bargaining agreement, which is a deal between union representatives and the employer. In some countries the right to disconnect only applies to a portion of companies and specific types of employees, so do your due diligence and see which category you fall under.
What does it entail?
Again, what the right to disconnect entails is going to vary significantly from region to region, but it is an important factor to look into if you are trying to evaluate your own rights as an employee.
The most basic requirement of the policy, one that is likely at the core of each region’s plan, is obviously the right to disconnect from work outside of normal hours, without incurring punishment. Essentially, you are under no obligation to respond to texts, emails or phone calls outside of your usual schedule.
However, the majority of policies, for example Australia’s, France’s and Ireland’s, do allow for a certain degree of communication if the situation is considered an emergency. Other supposedly legitimate reasons for contacting employees outside of regular hours can include a request to cover someone else’s shift and the sharing of operational information.
Each country will have tweaked the policy to their own specifications, case in point, Belgium’s CBA or work rules regarding the right to disconnect.
At a minimum the Belgian policy has to include practical arrangements for the employees’ right not to be contacted. Employers have to provide instruction for the use of digital tools to guarantee rest periods, and training and awareness measures are to be put in place for employees and management on the proper use of digital tools and the risks of excessive connection.
How is it enforced?
Knowing how your country and company enforces the right to disconnect is crucial, especially if you find that your employer is playing fast and loose with the rules. Take for example Ireland, where the policy came from the Code of Practice on the Right to Disconnect, giving employees the right to bring grievances of violations to the Workplace Relations Commission.
Belgium’s legislation is legally binding and while there are no specific sanctions for employers who have not implemented the right to disconnect, the failure to do so can be seen as a breach of wellbeing obligations and CBA contracts, resulting in potential criminal or administrative sanctions.
Ultimately, the right to disconnect is going to vary from country to country and not every region will have a policy in place. Regardless, it is crucial that you keep up to date on any changes in your rights as an employee.
Don’t miss out on the knowledge you need to succeed. Sign up for the Daily Brief, Silicon Republic’s digest of need-to-know sci-tech news.
