Workaholic exposes glaring issue in new Right to Disconnect Law: 'Prematurely celebrating'

Some workers may actually miss out on promotions at work due to the new right to disconnect laws, writes Miriam Sawan. (Source: Supplied/Getty)

I’m a workaholic. If a job isn’t done by 5pm I’m likely staying back to complete it.

I don’t hold my team to the same standard because I understand that this is a choice and I don’t expect that everyone has to make that choice with me. This "choice" is one I have made for my entire career, sometimes to get ahead but usually it is just out of an unshakeable desire to finish what I start.

I deeply respect workers who call in sick when they are unwell, who give 100 per cent of themselves to their families or who have the discipline and passion to go to the gym after work or commit to hobbies, and it’s certainly something I wish I had more time for.

Many will say that their work improves when they feel like they also have interesting and dynamic lives outside of the office.

I believe this to be true, however, I also think not realistic to believe that everything can be done in designated working hours.

Work ethic looks different for everyone, but I suspect those similarly addicted to the endorphin rush of outcomes, no matter the personal cost, will likely be not be impacted by the new Right to Disconnect workplace laws.

Miriam says not all workers will choose to use their right to disconnect despite the new laws. (Source: Supplied)

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Yes, I understand how ridiculously unhealthy it sounds to be chasing adrenalin through a job but I also believe there’s great value in loving what you do, and I do.

That love translates to an out-of-hours commitment to always give my best to the job but it’s not balanced and it’s not always sustainable.

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What will the Right to Disconnect laws really achieve?

While many are celebrating the opportunity to switch on an out-of-office auto-reply at the end of the working day, the new legislation isn’t saving maniacs like me from ourselves, that’s on us.

The laws aren’t even really protecting workers from their work-obsessed bosses.

It simply protects employees from being obliged to respond or to reciprocate contact if a boss happens to send a late-night email or text message. “Phew,” the night owls would say.

If my team respond to late-night emails, I usually remind them that the response can wait for the next day. But not all bosses respect a person’s right to their own time after hours and those bosses are the people these laws have been made for.

However, is it also creating an uneven playing field that will likely disadvantage those who choose to confine effort to business hours?

Bosses will likely still communicate at times that suit them, because there simply aren’t enough hours in the working day to get everything done.

It's important to remember every promotion carries a different responsibility.

I believe it is reasonable and fair not to expect a junior on a significantly smaller salary to be answering those out-of-hours calls.

Blurry lines will make laws difficult to enforce

The new laws state they will “encourage employers and employees to talk about contact out of hours and set expectations that suit the workplace and the role".

The right is about making sure employees know when they can switch off and what they must do when they are not working (and not being paid).

There are no obligations that limit employers or others from contacting or attempting to contact employees – just protections for employees who reasonably switch off.

Nothing prevents employees working in different time zones contacting each other during their respective work hours and this is where it all gets blurry.

Working extra hours is a choice most people make themselves and the new legislation is unlikely to make a difference to that. (Source: Supplied)

If you work in media or public relations, it is often reasonable to take calls before 9am and after 5pm as you work according to the news cycle.

If you’re a nurse or doctor, you won’t be clocking off in the event of an emergency, so for many of us, it’s business as usual.

These laws may sabotage career climbs for some

On the upside, it’s a win for mothers who wish to prioritise caring responsibilities as soon as they get home.

Will this sabotage their career climbs? Possibly.

While the idea of protecting your time and what matters to you is critical for balance, it may mean those answering those late-night calls will be the ones to secure promotions.

Some choose to disconnect to prioritise their responsibilities at home, but will it cost them career progress in the long run? (Source: Supplied)

Some would say protecting what matters is making a choice and the onus is on an individual to carry the consequences of those choices (even if it means losing an opportunity to be promoted).

Plus, how would an employee ever prove disconnecting was the reason they weren’t promoted?

Generally, a workplace rewards employees based on outcomes but will an assessment of effort now be confined to business hours? It seems a difficult thing to police.

Are we prematurely celebrating a change that will lead to discrimination in the workplace under the guise of a protection of workers?

Time will tell. Hopefully not at the expense of the workers this law is trying to protect.

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