Australia’s new ‘Right to Disconnect’ law makes headlines – Did you know Ireland already has one

Who else didn't know this existed?

The legislation offers much-needed relief to Australian employees who feel pressured to respond to calls or messages from their employers after working hours. 

Under the new rule, workers can ignore after-hours communications without fear of being punished for it.

This move comes in response to alarming statistics, with a survey revealing that Australians work an average of 281 hours of unpaid overtime each year. 

With similar legislation already in place in over 20 countries, particularly in Europe and Latin America, Australia’s decision begs the question: Do Irish employees realise the Right to Disconnect has existed for years under Irish employment law.

In April 2021, the Workplace Relations Commission Code of Practice for Employers and Employees on the Right to Disconnect ('the Code') came into effect. 

Much was made of the Code at the time and many people interpreted it as the introduction of a statutory employee right to disconnect.

What does this mean?

The "right to disconnect" law does not outright stop employers from contacting their staff after hours. 

Instead, it empowers employees to choose not to respond unless their refusal is deemed unreasonable. 

The Code does not provide employees with any legal rights in Ireland, however.

The aim of the Code is to provide both employers and staff with guidance around an employee’s right to disconnect from work and in particular to disengage from their emails, phone and other messaging services outside of normal working hours.

This means that if an employer doesn't follow the Code it's not an offence and does not in itself give rise to any claims.

The Code is admissible in evidence in proceedings before a Court, the Labour Court or the WRC however.

Employers who fail to take account of the Code may therefore have a weaker case in trying to defend any working time-related claims.

The debate

Workplace experts have been highlighting the potential benefits for employers, arguing that well-rested staff are less likely to take sick leave or quit, which ultimately benefits organisations.

However, the reaction among employees has been mixed. Some see the new rules as crucial for mental well-being, while others are skeptical of their impact, particularly in high-pressure industries. 

For example, a worker in the medical sector might doubt that the law would be effective in their field, where the expectation to be available 24/7.

For other industries, however, the potential benefits are clear; greater personal freedom, improved mental health, and possibly even enhanced productivity. 

Let us know your thoughts over on social media, and whether or not you knew Ireland has this in place.

READ MORE: