1. WEEKLY INSIGHT
EMPLOYEES HAVE THE RIGHT TO DISCONNECT. TRIAL CASES WILL UNFOLD AS THEY SEEK TO DECODE THE LEGAL AND PRACTICAL NATURE OF THE WORD “UNREASONABLE”
- In Australia, this applies to organisations with over 15 employees, for the right to disconnect doesn’t come into effect until August 2025.
- Over 20 countries have similar laws in place…. it was first legislated in
- France in 2016, then Spain in 2018, next Portugal in 2021
- And Belgium for public servants in 2022 and later for private sector employees in 2023.
2. HR/IR & LEADERSHIP
WHEN ALWAYS-ON MEANS PAYING OUT: RENTOKIL’S RIGHT TO DISCONNECT PENALTY
In Australia the cost for contravening:
Fines circa $19,000 for an employee and $94,000 for companies.
In 2018, a French court ordered Rentokil Initial, a pest control and hygiene services company, to pay 60,000 euros to an employee who violated his “right to disconnect” from work.
- Court found Rentokil infringed upon the employee’s right to disconnect by requiring him to keep his phone on at all times in case of emergencies.
- This obligation effectively prevented the employee from fully disconnecting from work and enjoying personal time, leading to legal action.
3. TEAM DIARY
EMBRACE OUTSOURCING THE NEW NORM FOR HR FUNCTIONS
In this week’s newsletter, we’re introducing a new segment. If you can answer the following question independently, there’s no need to worry about outsourcing your HR tasks or functions. However, it might be time to contemplate outsourcing if you cannot do so.
QUESTION – “What factors will determine whether an employer has made reasonable contact”
ANSWER – “Reasonable contact” will be determined by various factors including the level and mode of contact, type of work, and a worker’s personal circumstances.
Outsource with marvinHR starting at just $1000 per month – We have a ready-to-go policy template for the Right to Disconnect. Get in touch with us now.
4. THIS WEEK’S TOP 4 HR READS
- Thousands march through Perth in CFMEU rally after branch put into administration.
- HR business partner fired for taking parental leave?
- Australia gives workers the right to ignore their bosses outside of work hours—but employers call the rule ‘rushed’ and ‘deeply confusing’
- HR’s AI dilemma: Game-changing lifeline or legal minefield?
