Australians now have the right to disconnect from work this festive period

This summer, for the first time, eligible employees in Australia have a right to disconnect and take their festive break without the pressure of responding to unreasonable contact from their boss outside paid work hours.

The Right to Disconnect, part of the Albanese Government’s Closing Loopholes legislation, came into effect on 26 August for all national system employees and employers, other than small business. For small business employers and employees, the right to disconnect will start 26 August 2025. This provides them with time to prepare for the reform.

The legislation does not prohibit employers contacting employees, however employees can choose not to monitor, read or respond to contact, or attempted contact, outside of working hours unless that would be unreasonable.

Workers who exercise this right are protected from being punished by the Fair Work Act. 

The Albanese Government provided $500,000 to the Fair Work Ombudsman in the 2024–25 Budget to help employers and employees understand and apply the new provisions.

In the four months the right has been in effect, employees have been protected from the expectation of doing unpaid work outside their working hours.

Minister for Employment and Workplace Relations Murray Watt said the Right to Disconnect laws represented an historic win for workers.

“This festive period, Australians have a right to down tools and enjoy their break with family and friends, guilt free, without constantly checking their phones,” Minister Watt said.

“It shouldn’t be controversial that workers should be paid for time worked. Whether they’re in the workplace or at home, employees shouldn’t be required to do unpaid overtime, especially at Christmas time.

“With smartphones, people are working unpaid overtime and responding to calls and emails long after they’ve gone home for the day, without having the opportunity to switch off after hours.

“The legislation our Government has implemented elevates the importance of ‘disconnection’ from work to respond to the challenges of modern life."

“Put simply, workers have a legal right to disconnect when not at work this Christmas period."

Employers and employees can contact the Fair Work Ombudsman for more information.