In the latest installment of our HR dilemmas series, three AHRI members explain how they would respond to a complicated situation arising from the new Right to Disconnect legislation.

In part eight of HRM’s ethical dilemma series, where we ask AHRI members to respond to made-up ethical dilemmas, we explore how HR practitioners would respond when the implementation of the Right to Disconnect legislation causes a divide within an organisation that operates across different time zones.

The dilemma

You are the HR leader at a tech company. Your organisation is creating a policy about out-of-hours communication in response to the recent Right to Disconnect legislation, which came into effect from August 2024. However, feedback indicates that this policy conflicts with the company’s global operations. Team members in different time zones need to collaborate, and some have reported feeling disconnected or left out of critical discussions due to enforced communication limits. 

Additionally, a group of high-performing employees who thrive on flexible, round-the-clock communication feel their productivity and creativity are being stifled. At the same time, other employees, particularly those with caregiving responsibilities, greatly appreciate the policy. 

How do you address the need for work-life balance while ensuring effective global collaboration and inclusion, managing the varied cultural attitudes towards work hours and communication, and accommodating diverse employee needs and work styles?

By Padmi Pathinather FCPHR, People and Culture Director, Privacy Officer, Lifestart Disability Services Ltd

From past experience, I’ve found that leveraging technology, establishing flexible communication frameworks and setting clear expectations and boundaries can effectively bridge gaps identified with the conflicting needs of a global workforce.

High-performing team members who thrive on continuous communication can opt in for round-the-clock engagement if it enhances their productivity and creativity. Conversely, those who prefer to adhere to standard working hours can do so without the pressure of after-hours communication. This tailored approach respects individual preferences and acknowledges the varied needs of our workforce.

Structured communication protocols are essential. By ensuring all critical discussions are documented and accessible, organisations can maintain inclusivity and business continuity. This ensures that no team member feels left out, regardless of their time zone.

Moreover, providing resources and training on effective time management and asynchronous communication tools empowers teams to collaborate seamlessly without compromising their wellbeing. Utilising world clock meeting planners helps identify the best possible times for virtual meetings, while features like delayed email delivery ensures messages are sent during local business hours.

By tailoring our approach to the diverse needs of our workforce, we can ensure a supportive and productive work environment that values both individual wellbeing and organisational success.

By Erin Rugg CPHR, Senior Manager, HR Business Partnering, ICC Sydney

Balancing the right to disconnect with the need for collaboration can be tricky, especially with employees spread across time zones and different employment types, and who are covered by various international employment laws. 

Development of a policy focused on flexibility over rigidity is recommended. Instead of imposing strict no-contact hours, allow employees to set their own communication boundaries in conjunction with the business. This could include specific time slots when they are open to responding to messages outside of regular working hours – including connecting with clients and suppliers.

Secondly, to ensure global collaboration without leaving anyone out, the policy could cover core overlap hours. During these times, employees across different time zones can connect, making it easier to manage projects and decisions in a timely manner while respecting individual needs. The use of communication tools to help employees feel included without pressure to respond immediately will help to foster an inclusive environment.

When rolling out this policy, it’s key to have tools such as shared diary management and support systems in place for employees and the business alike. Allow for open lines of communication, have clear policy for mutual understanding and provide employees with an avenue to express their feelings to help promote a diverse workforce.

By Kendel Van Workum CPHR, Senior HRSC Specialist, HR Standards & Capability, AHRI

Whenever I introduce a change or policy, I check in on those impacted to ensure the balance is right. I’d consider if the organisation has been transparent enough about why the policy is needed to allow for purposeful discussions.

I’d then look at the data to inform my next steps and identify common patterns and work preferences that can be leveraged for consistency, and consider relevant legislation
to identify and minimise risks.

To enhance asynchronous collaboration across various time zones, we should assess our current tools, systems and team capability. Establishing core hours for availability and interaction, examining work patterns to assess risks, and shifting the emphasis from time spent working to results produced are pivotal steps. This approach will help team members to feel engaged and appreciated, irrespective of their working hours.

Most importantly, we need to support and educate leaders about the legislation and company changes to expectations, process and policy. Encourage role modelling and empower them to respond to concerns raised by people.

Finally, be open to being challenged and invite regular feedback. Reinforce that this policy is iterative and that you’re always willing to evolve it.

AHRI members have access to an exclusive on-demand webinar explaining how businesses can respond to this new legislation. Log into your member portal to access this webinar. Not yet an AHRI member? Sign up today.

This article was first featured in the Oct-November 2024 edition of HRM Magazine. Click here to view the rest of the articles in this series.