Australia’s “right to opt out” law came into force in late August, giving workers the right to refuse to be contacted if their employers contact them by phone or email outside of working hours. Similar legislation has appeared around the world.

“What we are saying is that someone who is not paid 24 hours a day should not be penalized if they are not online and available 24 hours a day,” Australian Prime Minister Anthony Albanese said before the bill was passed.

The heads of business in the country they are… less enthusiastic for the new law. “I think this is a triumph of stupidity against common sense,” said Andrew McKellar of the Australian Chamber of Commerce and Industry in an interview.

The legislation does not in principle prevent “bosses” from communicating with their subordinates. And like other right-to-disconnect laws, there is one “loophole”: employees will have the right to refuse communication, unless the refusal is deemed “unreasonable”. Whether the business’s request itself is unreasonable is not a factor, according to the competent court.

What is unreasonable depends by various factors such as the employee’s role, personal circumstances, method and reason for communication, how “disrupted” they are by the request and how they are compensated for being available or working more.

Laws on the right to disconnect vary from country to country.

  • Spain: Some employees are entitled to a ‘digital disconnect’ and can switch off all electronic devices outside of working hours, during days off (including parental leave) and holidays.
  • Italy: Some workers who fall under a ‘smart work’ arrangement are not restricted to specific working hours and are instead assessed on whether they have met targets set by their employer.
  • Portugal: Some employers are prohibited from contacting employees outside of their normal working hours.
  • France: Under labor law, some workers have the right to ignore any work-related communications outside of their hours, with policies negotiated between unions and employers.

Similar laws exist in Belgium and Germany and are being considered in the United Kingdom and Kenya. Critics of the French law called it too vague to be effective. And Ontario’s legislation — which requires companies with 25 or more employees to write a policy on the right to disconnect — has been criticized as ineffective.

Experts say most “right to opt out” laws put pressure on companies to clarify balance policies between professional and personal life. But their effectiveness depends on other parameters, such as the ability of employees to appeal for violations of the law or even the work culture of the country where the law exists.