Australia’s disconnect law sends work-life reminder

Australian legislation allowing an employee to ignore calls and emails outside working hours may not be practical in a city such as Hong Kong.

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Australia is far from the first or only country to protect an employee’s right to disengage from their bosses outside working hours. But a new law there allowing employees to ignore calls and emails has sparked debate in other places – including Hong Kong. The local discussion goes to the heart of what has worked best for this city – flexibility.

Hong Kong is a global financial and trade centre – most importantly a bridge to the mainland’s vast economy – which operates across time zones 24 hours a day, seven days a week. Prompt communication around the clock with overseas parties and local colleagues – and working overtime – is central to the city’s success. Canberra’s new law allows millions of workers to refuse to monitor, read or respond to their employers’ attempts to contact them outside work hours – unless that refusal is deemed “unreasonable”.



Such an approach here would be hard to reconcile with flexibility, even for an economy renowned for adaptability. One business consultant said adaptable scheduling was important for the financial sector to communicate across time zones, and overtime reflected employees’ work spirit, although long hours were problematic. Agnes Chan Sui-kuen, chairwoman of the Hong Kong General Chamber of Commerce, one of the city’s largest business lobby groups, said any work arrangements outside regular hours should be negotiated and mutually agreed by employers and staff members.

The reality is that the internet was always going to optimise flexible work habits, and not just in externally oriented cities such as Hong Kong or in places with compatible work cultures. Legislation to regulate out-of-hours boss-worker contact can be a counterproductive, inflexible solution. Employers can self-regulate with internal protocols that respect employee privacy.

“Workarounds” adopted elsewhere include timing non-urgent emails for delivery at a “civil” hour or programmed delays to emails during certain hours. Legislation may not be practical in this city, but the fact it has come to this in Australia is a reminder that Hong Kong must remain alert to the need to maintain a healthy work-life balance..