As the boundaries between professional and personal life continue to blur, a growing movement advocates for a legal right to disconnect from work-related communications outside standard hours. This topic is increasingly relevant as messaging, video calls, and emails invade the home environment, leading to discussions about maintaining work-life balance and preventing burnout.
According to Lixin Jiang, an industrial-organizational psychologist and associate professor, the roots of our “always online” work culture extend back over three decades. While tools such as email and text messaging were initially designed to enhance productivity and flexibility, they have also fostered a culture where constant availability is the norm. Jiang, who directs the Master of Organisational Psychology program at her university, emphasizes that this normalization has detrimental effects on employee health, disrupting sleep and family life. She argues that psychological detachment from work is critical for recovery, and without it, both performance and well-being suffer.
The current job market in New Zealand adds to the pressure employees face. With unemployment rates exceeding five percent and job vacancies at an all-time low, many workers feel compelled to remain accessible, especially when they observe supervisors sending emails late at night. Jiang notes that this can create anxiety about needing to respond promptly.
Joanne Mutter, a senior lecturer in human resources, supports Jiang”s view, highlighting that the expectations of perpetual connectivity, exacerbated by the pandemic, hinder workers” ability to disconnect. This constant pressure can lead to poorer decision-making and heightened stress levels. She points out that the daily commute once offered a mental separation from work; however, the establishment of home offices has removed this boundary, complicating the process of unwinding after work hours.
In response to these challenges, some countries have enacted laws that establish a right to disconnect. France was a pioneer in 2017, mandating that companies with 50 or more employees negotiate rules regarding after-hours digital communications. Portugal took it a step further, making it illegal for employers to contact employees during their rest periods. Recently, Australia introduced national reforms that, starting in August 2024, will permit employees to refuse after-hours contact unless such a refusal is deemed unreasonable.
While New Zealand has yet to implement similar legislation, Simon Schofield, a teaching fellow at Auckland Law School, sees merit in establishing a statutory right to disconnect. He acknowledges that New Zealand”s existing legal framework can address extreme cases, but the complexity of these laws can obscure their effectiveness. Schofield recommends a straightforward right to disconnect, which would clearly define employee rights and simplify the current legal landscape.
On the other hand, Joanne Mutter expresses skepticism about the effectiveness of such regulations, warning that they could backfire for those who thrive under flexible work conditions. She suggests that promoting a culture of “asynchronous connectivity” might be more beneficial, where employees understand that they can send emails without expecting immediate responses after hours. This cultural shift should ideally be supported at all levels of an organization.
Jiang reflects on New Zealand”s workplace culture, noting that while it is neither significantly better nor worse than that of its peers, the expectation for after-hours availability is prevalent. Contrasting this with her native China, she indicates that the latter”s work culture normalizes after-hours availability to a greater extent.
As the conversation around the right to disconnect continues, Jiang believes that fostering a supportive leadership environment is crucial. If leaders prioritize the balance between work and family life, employees will find it easier to disconnect, ultimately leading to improved health outcomes. Jiang also encourages individuals to take proactive steps, such as removing work emails from their phones, to cultivate a culture that does not demand constant availability.
