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Workers soon won’t be expected to respond to their boss’s emails, phone calls or texts out of work hours. But one expert told Yahoo Finance it could hamper their chances of a pay rise or promotion.

The right to disconnect allows workers to refuse unreasonable work-related communication outside of working hours. The right was passed by parliament earlier this year and will kick in from August 26 for non-small business employers and a year later for small businesses.

The Australian Council Of Trade Unions (ACTU), the peak union body, is now calling for clauses to strengthen the right to disconnect being incorporated into modern awards, with president Michele O’Neil arguing that “people deserve to be paid wages for every hour they work”.

What is the right to disconnect?

The right to disconnect allows employees to refuse contact from their employer outside their working hours, unless the refusal is unreasonable.

There are several factors that will be taken into account to work out whether a refusal is unreasonable, Fair Work explains.

That includes the reason for the contact, whether the employee is compensated for being available and working extra hours, the nature of the employee’s role and responsibility, and their personal circumstances, including family or caring responsibilities.

The ACTU has called for a clause that holds employers accountable for proper staffing and planning to minimise out-of-hours contact. Whether a worker is on approved leave would also be considered when determining whether contact is reasonable.

Graham Wynn, founder and director of Superior People Recruitment, believes the right to disconnect laws go “too far” and will create a “minefield of problems” including for employees competing for pay rises or promotions.

“It will cause disharmony in the workplace. If you are never available to take calls and somebody else is, will that affect your career opportunities – that’s where it could have an impact,” Wynn told Yahoo Finance.

While Wynn does not believe the laws will have a negative impact on productivity, he noted that there were many industries – including the medical field – where employees do have to be contacted outside of normal working hours.

“Government should not be interfering with how businesses run their business. We shouldn’t have to legislate this kind of thing,” he said.

“If you’ve got a good working relationship then the employees and employer should work it out. We’ve already got a mechanism for abuse called Fair Work.”

But it could also be a ‘circuit breaker’

Aaron McEwan, vice president of research and advisory at Gartner, said the right to disconnect was the “circuit breaker employees across Australia have been crying out for” with availability creep meaning workers are doing a significant amount of unpaid overtime.

“During the pandemic, ABS data showed that the average Australian employee worked an additional six to 12 hours per week,” McEwan told Yahoo Finance.

“While initially, workers benefited from remote work, not having the ability to switch off or say ‘no’ resulted in a mental health crisis within the workplace.

“The hallmarks of a burned-out workforce include poor engagement, low trust, and little to no interest in going above and beyond at work.”

About 70 per cent of workers took calls or checked emails out of hours, an Australian Services Union survey found, while one in three were expected to work outside their scheduled hours.

McEwan believes employees will benefit from a “renewed focus on creating sustainable working habits”, while workplaces will ultimately benefit from “improved engagement, productivity and performance”.

O’Neil also noted “clear separation” between work and personal life is important for improving mental health and a healthier workplace and increased productivity.