On 26 August 2024, Australia introduced a new law that recognizes the right to disconnect from work. This rule establishes that workers are no longer required to be available outside normal working hours, guaranteeing them the ability to ignore communications such as emails or messages from the boss without fear of repercussions on their careers. In this article, we will explore what the new Australian law provides, at what stage the regulation is in Europe and the current situation in Italy
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What is the Right to Disconnect
The right to disconnect is the right for workers not to be available outside of working hours, without compromising their employment position. This right has become crucial with the spread of smart working and digital technologies, which have blurred the border between work and private life. Disconnecting allows employees to not respond to work communications during periods of rest, promoting a better work-life balance
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In many countries, including Italy, this right is not recognized at the regulatory level, but it is integrated into some collective labor agreements, especially in relation to smart working. Australia is the first country to explicitly recognize this right through a law
.
The Right to Disconnect Act in Australia
The new Australian law provides that workers in companies with 15 or more employees have the right to refuse to respond to work communications outside their working hours. This includes contacts from the employer or third parties. The law doesn’t prevent employers from contacting employees, but it does ensure that employees can ignore such communications without suffering consequences
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The refusal to respond must be reasonable, and various factors may influence this assessment, such as the reason for the contact, the nature of the employee’s role, and the level of responsibility. Penalties for employers who do not comply with the law can be up to 93,900 Australian dollars for
a legal entity.
For small businesses, the right to disconnect will take effect as of August 26, 2025.
The Right to Disconnect in Europe
In Europe, the right to disconnect is not regulated by a specific law at the community level, but has been the subject of debate in several countries. France was the first to introduce this right in the 2016 ‘Loi Travail’, which requires collective bargaining to define the methods of implementation. In Italy, the law on smart working provides for the possibility of disconnection, but without recognizing it as a real autonomous right
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The main challenge in Europe is to ensure the effective application of this right. Existing regulations are often too generic or non-binding, leaving employers with ample room for interpretation, often at the expense of the well-being of workers
.
Right to Disconnect in Italy
In Italy, collective bargaining is playing a crucial role in promoting the right to disconnect. Some companies have already adopted agreements that, while not explicitly mentioning disconnection, incorporate its principles. Among the most significant examples:
- Barilla (2015): the company has determined that workers must be available only during working hours.
- Vodafone (2016): limited the requirement for employees to be available during contractual hours.
- Università degli Studi dell’Insubria (2017): enshrined the right to disconnect, establishing that employees must not respond to work communications outside working hours.
These examples demonstrate how collective bargaining can be an effective tool to ensure respect for the right to disconnect, pending clearer and more binding national or community legislation.
The right to disconnect is an issue of increasing importance, especially in the era of remote work. The Australian experience could also serve as a model for Europe, where the right to disconnect is still fragmented
and poorly applied.