Australians no longer need to respond out of work hours: Agency heads react

Australian employees now have the right to ignore their employers outside working hours with a new right to disconnect law.

The law, which was passed in February this year, protects employees who choose not to respond to contact from their bosses outside work hours, according to Reuters. 

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Saying that, the law does allow for certain circumstances where an employee's right to refuse to reply is unreasonable. This will depend on their role and the reason for the contact amongst others, said Reuters. 

While this law is not in effect in places such as Singapore and Malaysia, it did get the MARKETING-INTERACTIVE team wondering how ready our local agencies are should this ever become a reality here. 

We spoke to the leaders of some agencies in Singapore and Malaysia to find out more. 

Fiona Bartholomeusz, managing director, Formul8

What do you think of the new law?

I think it works for some countries and some industries where after-hours contact isn’t very necessary, but it would probably be quite dire for service-based sectors.

Do you think it could work in an agency setting as it is right now?

It would work if clients also abided by the same principle such as no after hour requests for urgent or project updates and no penalising or blacklisting an agency for not responding.

The reality of our business is that a lot of tasks happen after the workday is over – try enforcing the no-response rule during a large TVC shoot or urgent event or campaign launch. Anything that requires production or some level of urgent attention means being contactable at odd hours of the day.

I have been contacted by a client at 2 am because the power died at their sales gallery and there was an urgent VIP visit the next day. With Formula One around the corner, no one had the equipment or labour to handle the issue on an urgent basis. I managed to call a contractor contact of mine to get a genset onsite and got everything powered up by 6am.

That client is still a loyal client of ours a decade on and we still joke about that incident. I’ve always told our team – it’s about treating clients the way we want ourselves to be treated and just doing the right thing.

What do you think is needed for it to work?

As with all things, balance and good measure. Allow for urgent requests to be accepted and response times within reasonable means

Saying that, let’s not make this a legally enforceable rule which puts agencies and the industry in jeopardy. Now, with more work being able to be diverted overseas, it is important that Singapore remains competitive in our servce offerings and service level standards.

Embracing a woke culture to an extreme doesn’t bode well for our collective future.

Kristian Olsen, founder and managing director, Type A

What do you think of the new law?

It is a positive step toward ensuring work-life balance, which has become increasingly blurred or in the case of advertising - never existed.
People need time to disconnect without the constant pressure of work-related communication.

It will mean everyone from agencies down to clients will have to learn to find more efficient use of working hours.

Do you think it could work in an advertising agency setting as it is right now?

Advertising is notorious for its mad hours.

However, it’s not impossible and with clear communication and setting proper expectations with clients, it could work.

The key would be to establish a culture that respects boundaries while still delivering on deadlines.

Saying that, it means that everyone stays in their lane and gets on with it. If you can convince that one OTT client (we all know the one or three) to do this, then I look forward to the upcoming Beatles reunion tour.

What do you think is needed for it to work?

Clear guidelines on what constitutes "unreasonable" refusal to respond outside of work hours such as defining emergency situations where after-hours contact is necessary.

Proactively communicate the new boundaries to clients, helping them understand that while the agency is committed to meeting their needs, there will be respect for employee downtime.

Encouraging better planning, delegation, and use of project management tools to promote more efficiency during work hours. ⁠

Flexibility and adaptation especially during high-pressure periods.

Madina Kalyayeva, managing director & partner, Tilt

What do you think of the new law?

It’s a step in the right direction, as long as it’s not abused. There is a lot of conversation around burnout, anxiety, depression and work-life balance. If caused by work, laws such as this ensure the problem can be corrected.

Do you think it could work in an agency setting as it is right now?

We’re in a very time sensitive industry where media delivery deadlines are rushed, and both the client and agency are working outside of regular working hours to deliver.

Both are invested to meet the deadlines as agencies take pride in the work they produce for clients, while clients have booked spaces to run their ads on time.

Australia is known to have a good work-life balance, and they are passionate about it, so the law could work there, but may not work in some other parts of Asia.

What do you think is needed for it to work?

Clear procedures need to be set in place to ensure the work doesn’t suffer. At the same time, employees must understand the situation and not exploit the law.

In short, the onus lies on the shoulders of employers and employees equally.

Pamela Tor Das, VP, Singapore and emerging markets, TEAM LEWIS

What do you think of the new law?

Talent is our most important resource in our industry, and it is critical that we balance welfare with work requirements and build out realistic ways to ensure our people have time to rest and recharge. For the new legislations in Australia or similar laws in parts of Europe, we need to consider the context of existing work cultures and work norms.

Do you think it could work in an agency setting as it is right now?

The application of such legislation is possible when existing work norms already see employees switching off at certain hours and clients respecting that – such legislation then serves to address the minority that are not adhering to the norms.

In many parts of Asia however, they are still at infancy stages in building out such norms and shaping what is considered balanced work culture.

What do you think is needed for it to work?

For our team in Singapore, we’re constantly trying to balance service levels with a viewpoint of urgency. This requires constant education for not just the team but also clients – conversations on how to draw lines and boundaries.

It’s a grey area and perhaps legislation would remove the greyness but I question the impact it would have on economy and competitiveness if we are not ready for it.

What all companies need to prioritise first is to strengthen the concept of boundaries and urgency before we can even come close to legislation.

Pei Lin Cho, managing director, APRW

What do you think of the new law?

I don't think it is in my place to comment on the laws of another country. Laws reflect the values and the social mores of our society.

Employers in Singapore are grateful for the unique collaborative approach adopted here in Singapore by our unions, employers and the government - we call it tripartism. This has resulted in us promoting shared economic and social goals to arrive at win-win outcomes for all parties.

One good example is parental leave. Paternity leave was institutionalised in 2013, after years of discussing the issue across society.

It started with working fathers being given one week of government-paid paternity leave, and in 2017, increasing it to two weeks.

This month, PM Lawrence Wong made four weeks of government-paid paternity leave mandatory and introduced a new 10-week shared parental leave scheme - to be fully implemented next year in April.

Do you think it could work in an agency setting as it is right now?

Whilst Singapore's unemployment rate is almost zero, not every employee can go shopping for a job that requires the least of them and pay them the salaries they need or want. There will be agencies that require employees to:

- Work from the office (veryses flexible work from home arrangements)
- Travel frequently (verses being based mostly in Singapore)
- Work overtime (verses a fixed 9-5 schedule)
- Work in other languages (verses mainly in English)
- Work on other timezones (verses Singapore time)

Those who prefer not to work like the above will have to find an agency or employer that does not require such and can match their expected salaries.

Like most parts of our economy, hiring is also based on demand and supply.

Ranganathan Somanathan, CEO & advisor, Publicis Media Malaysia

What do you think of the new law?

It’s always good to have legal recourse for people who choose to calibrate their growth ambitions and therefore their intensity of work.

As the law suggests, it is for the employee to choose not to respond to corporate communication after the stipulated office hours. It doesn’t really restrict the organisation from sending out messages to their beyond work timings. I guess it is pretty fair.

Do you think it could work in an agency setting as it is right now?

Over the last couple of years there is increased sensitivity in the agency world to respect people’s personal space.

Many empathetic leaders proactively lead their emails, Teams chat and WhatsApp with the message that they don’t expect a response outside of office hours.

Having said that, there are still instances where communications happen outside of the work hours. If reasonable or under special circumstances, people won’t mind. If it is because of the stakeholder’s inefficient use of time or poor planning, it causes stress and disengagement.

What do you think is needed for it to work?

Empathetic stakeholders, respect for the different life stages of the talent and individual accountability are key for it not to escalate to a legal situation.

Stefanie Braukmann, general manager, SPRG Malaysia

What do you think of the new law?

While I understand the intent behind Australia's new 'right to disconnect' law—to prevent burnout and protect employees' personal time—I have some reservations about its effectiveness in practice.

I believe the law may create more challenges than it solves, particularly in dynamic industries such as ours.

At SPRG, we promote fair and flexible work arrangements, and we strive to respect agreed work hours and an employees' right to have a life outside of work.

However, I don't think a law is the right tool to foster a mutually respectful, non-exploitative work environment. Companies that need legislation to enforce basic decent and fair treatment of their employees may struggle to attract and retain top talent, especially in the fast-paced world of agencies.

At the same time, it's important for employees to understand that certain situations—such as client emergencies or crisis management or even client events that may occur in the evening or on weekends—require flexibility and discernment.

The expectation of a strict '9-to-5' workday is increasingly unrealistic, especially as industries evolve and technology such as AI changes the nature of work.

We need to endeavor to strike a balance where both employers and employees are willing to adapt and collaborate, ensuring that neither side is overburdened while still achieving the desired outcomes.

Do you think it could work in an agency setting as it is right now?

In its current form, the 'right to disconnect' law presents significant challenges for agency settings. As mentioned, the nature of agency work, particularly in public relations, often involves responding to unexpected developments, managing crises, or coordinating events that occur outside typical business hours.

These situations require a level of responsiveness and flexibility that doesn’t always align with a rigidly defined work schedule.

Implementing such a law without considering these unique demands could hinder our ability to serve clients effectively. While the principle of respecting employees' personal time is crucial, the realities of agency life mean that a one-size-fits-all approach may not be feasible.

We need to find a balance that respects employee well-being while also recognising the demands of the industry.

What do you think is needed for it to work?

Instead of implementing a rigid law such as the 'right to disconnect', I believe we should focus on fostering a culture of mutual respect and flexibility within the workplace.

Companies should be encouraged to develop their own guidelines that respect employees' personal time while recognising the realities of their specific industry.

For agencies, this might mean setting clear expectations about when after-hours work is necessary and ensuring employees are fairly compensated for that time, such as through in-lieu leave or flexible scheduling.

Additionally, promoting open communication and trust between employers and employees is crucial. Employees should feel empowered to discuss their boundaries and manage their work-life integration in a way that works best for them. Training programmes on managing stress and workloads, coupled with supportive HR policies that prioritise mental health and well-being, can create a more sustainable work environment.

Ultimately, instead of a blanket law, we need tailored approaches that align with the unique demands of different industries while respecting the personal needs of employees.

In an agency setting, it's also crucial that clients are on board with these guidelines and embrace a culture of mutual respect. Often, late work in agencies are driven by unrealistic client expectations—such as the belief that their PR agency team should be available around the clock and respond immediately to non-urgent emails or messages.

While agencies certainly have a responsibility to manage client expectations and ensure their teams aren't overburdened, the reality is that "the client is king," especially in a market with shrinking margins and intense competition.

For any efforts to create a fair and flexible work environment to be effective, clients must also be part of this agreement and understand the importance of respecting boundaries.

Tanner Nagib, founder, Beatnk

What do you think of the new law?

The new law is a significant step toward improving work-life balance for employees. Proponents believe it will lead to more rested, focused, and productive employees, which could benefit employees and employers in the long run.

However, its effectiveness will depend heavily on how it is implemented across different industries, especially when urgent communication outside regular hours is expected or is a norm.

Do you think it could work in an agency setting as it is right now?

Introducing this law in an agency environment could pose certain hurdles. We often function in high-pressure settings where deadlines are common and last-minute alterations are routine.

The nature of creative work sometimes necessitates swift responses and adaptability, which could clash with the right to disconnect. However, there’s also a strong argument that disconnection has long been a cornerstone of creativity.

When agency members are bogged down by constant emails, calls, and meetings, their ability to explore innovative solutions can be limited—something that is the very bedrock of what we do.

To make this work, agencies might need to strike a balance by setting more explicit after-hours communication boundaries or encouraging more asynchronous work methods that allow for responsiveness and the necessary mental space for creativity.

What do you think is needed for it to work?

For something like this to work effectively, several measures definitely need to be in place. These include clear policies and guidelines, work processes, and role-specific considerations, but most importantly, a mindset and cultural shift needs to be encouraged. It takes two hands to clap, so nothing will ever happen if only one party pushes for change.

If done right, this should lead to a healthier and more sustainable work environment across all industries.

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