My boss says right to disconnect laws don’t apply to me. Is this true?

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column, “ Got a Minute? ” This week: an employer ignoring the details of right-to-disconnect laws, a lack of motivation years out from retirement and lost confidence after a toxic workplace. Right to disconnect laws come into effect from August 26, 2024. Credit: Dionne Gain My employer says the new right-to-disconnect law doesn’t apply in my workplace since we are all salaried employees, not on minimum wage.

My company won’t even acknowledge the spirit and intent of the legislation. Is this correct? What does this new law mean for those of us on a salary? Loading Your employer is wrong; whether you are salaried or being paid an award wage is irrelevant to whether they need to comply with the new right-to-disconnect laws . The laws, which come into effect from August 26 this year for any business with more than 15 employees, will mean employees have a right to refuse contact with their employer outside of work hours unless it is deemed unreasonable to do so (for example, if you are on call or being paid to work outside ordinary hours).

To be clear, there is no penalty for an employer sending an email or trying to call you after hours, but you have the right not to respond, and you can’t be penalised for exercising that right. Your employer should check the advice for employers being offered by the Australian HR Institute to comply with this change. Best-practice employe.