The right to disconnect ensures that workers have the freedom not to respond to work emails and calls outside of working hours.
In Australia, a new law gives employees the right not to respond to work emails and calls outside of working hours. But does the right to disconnect already exist in Italy?
The right to disconnect: What is it?
The news of the passage of the Australian law enshrining the so-called “Right to Disconnect” has made headlines around the world and is also sparking considerable debate in Europe.
The right to disconnect is a legal and social concept that recognises the right of workers not to be constantly connected and available outside working hours. This need has arisen in response to the rise of teleworking and digitalisation, which have made it easier for companies to contact employees outside of working hours.
The primary objective is to protect the health and well-being of workers by reducing stress and burnout caused by excessive availability. The right to disconnect also aims to promote a better work-life balance, allowing workers to have time for themselves and their families.
Some countries have gradually introduced specific legislation to guarantee the right to disconnect. For example, since 2016, France (Loi Travail) has ratified the concept, requiring companies to define the terms of use of digital tools in the context of employment.
In Australia, it’s a reality
On August 26th, a law came into effect in Australia for medium and large businesses that fully recognises the right to disconnect for all employees who choose not to be available outside normal working hours, unless their refusal is deemed unreasonable.
The text, which was approved by Parliament in February and is now in force, explicitly establishes the right of workers to separate their professional and private lives.
«Oggi è una giornata storica per i lavoratori dipendenti», ha affermato Michelle O’Neil, presidente dell’Australian council for trade unions (Actu), il sindacato che si è battuto per l’approvazione della norma. «Gli australiani potranno trascorrere del tempo di qualità con i loro cari senza dover rispondere continuamente a telefonate e messaggi di lavoro irragionevoli», ha aggiunto.
What the law says
Under the new law, employers cannot force employees to answer calls or messages outside working hours. However, the legislation does provide for certain exceptions that cannot be avoided: these include the employee’s position, personal circumstances and the urgency of the communication.
“We want to make sure that because people don’t get paid 24 hours a day, they don’t have to work 24 hours a day,” emphasised Labour Premier Anthony Albanese, whose government introduced the reform. “It’s also a mental health issue, frankly, that people can disconnect from work and reconnect with their families and their lives,” he added.
Small businesses with fewer than 15 employees have been granted an extension and will have to comply with the law from August 26, 2025.
Motivations and benefits
The main motivation behind the introduction of legislation promoting the concept of the right to disconnect is the growing need to restore the balance between work and private life.
According to a survey conducted by the Centre for Future Work, 70% of Australians say they work outside of scheduled hours, leading to physical fatigue, stress and anxiety. In 2023, Australians will be doing an average of 281 hours of unpaid work, which will have a significant impact on their physical and mental wellbeing.
Reactions and criticisms
The law has caused a great deal of controversy in the political and business world.
Da un lato, le organizzazioni sindacali, come Australian Council of Trade Unions (ACTU), hanno accolto favorevolmente la legge, sottolineando che non solo ridurrà le ore di lavoro non retribuite, ma affronterà anche la crescente crisi di malattie mentali e infortuni sul lavoro. Michelle O’Neil, presidente dell’ACTU, ha affermato che il diritto alla disconnessione porterà a “più soldi in tasca, più tempo con i propri cari e maggiore libertà di vivere la propria vita“.
On the other hand, the Australian Industry Group, an employers’ organisation, has expressed reservations, describing the legislation as rushed and confusing. “Employers and employees will no longer know whether they can accept or make an after-hours call to offer overtime,” the group said. The Business Council of Australia also criticised the law, warning that it could damage the country’s productivity and competitiveness.
A particular point of contention is the use of the term ‘reasonable matters’, which opens the door to multiple interpretations depending on the situation. This grey area could also discourage employees who remain within a hierarchical corporate context from reporting additional work requests.
The right to disconnect in Italy
And in Italy? Is there a right to disconnect?
At present, there is no legislation in Italy that extends the right to take time off to all workers.
Law
In other words, the worker and the employer have to agree on the way in which agile work is to be carried out (for example, even ‘remotely’), including rest periods: “The agreement shall also specify the worker’s rest periods and the technical and organisational measures necessary to ensure the worker’s disconnection from work-related technological tools.“
The Italian Data Protection Authority (Garante della Privacy) has repeatedly stressed, including in hearings before the Chamber of Deputies, the need to better guarantee the right to take time off to protect the boundary between private life and work. This is an important issue in Italy where, according to Eurostat, 9.4% of workers work an average of almost 50 hours a week and the problem of unpaid “phantom” overtime is significant.
