[HN Gopher] Australian employees now have the right to ignore wo...
       ___________________________________________________________________
        
       Australian employees now have the right to ignore work emails,
       calls after hours
        
       Author : testrun
       Score  : 455 points
       Date   : 2024-08-26 00:08 UTC (22 hours ago)
        
 (HTM) web link (www.reuters.com)
 (TXT) w3m dump (www.reuters.com)
        
       | toomuchtodo wrote:
       | UK is up next:
       | 
       | https://www.euronews.com/next/2024/08/20/the-right-to-discon...
       | 
       | By jurisdiction:
       | 
       | https://en.wikipedia.org/wiki/Right_to_disconnect
        
       | billybuckwheat wrote:
       | I don't live or work in any of those places, but I've been
       | ignoring work emails and calls after hours for a long time. Helps
       | that 1) I don't have a work phone, 2) apps that my company uses
       | on my personal phone, and 3) never log into the company network
       | or services on my own laptop.
       | 
       | In the few instances when I was called out about it, I asked
       | _Could the message /call have waited until the following
       | morning/Monday?_ The answer was almost always _Yes_.
        
         | toomuchtodo wrote:
         | This does not stop an employer from potentially disciplining or
         | firing you. Laws do, because they bind. Implicit contracts and
         | hope are not a strategy, with regards to worker rights and
         | protections.
        
           | Bostonian wrote:
           | That's unrealistic. Managers who are unhappy with workers
           | ignoring emails will find a reason to fire them, not promote
           | them, or give them a smaller bonus.
        
             | HeatrayEnjoyer wrote:
             | With that logic you could throw out any labor protection
             | law. Let's keep it constructive.
        
             | ehnto wrote:
             | It sets the rules, workers will have to fight for it to be
             | followed still. But sociopathic management now knows
             | workers have a foot to stand on in court, enterprises will
             | be inclined to make it policy. Less sociopathic management
             | might realise they were being assholes and dial it back a
             | bit. Some managers genuinely don't realise that the current
             | "norm" is not fair, since they are deep in the zeitgeist.
             | 
             | Countless exceptions sure but there's no denying this is a
             | good attempt at change.
        
           | rufus_foreman wrote:
           | What stops my employer from potentially disciplining or
           | firing me is first of all, that I am good at what I do, and
           | second that I negotiate from a position of strength.
           | 
           | If my employer wants me to work off hours, I mean maybe I
           | will, if I don't have anything going on, and I'll take some
           | time the next day where I won't work as compensation for
           | doing that, I won't ask permission.
           | 
           | If I do have something going on, I'll say, "Can't do that.
           | Have something going on". They're fine with it. They're
           | reasonable people. Why would I work for unreasonable people?
           | I would work for someone else.
           | 
           | If they actually did fire me? OK, maybe I look for another
           | job, but probably I'm retired. I saved my money. I negotiate
           | from a position of strength.
        
             | sfpotter wrote:
             | Sounds like you live in a world of incredible privilege.
             | Not everyone is so lucky.
        
               | StressedDev wrote:
               | Nope - A large portion of the world works like this. If
               | you work for a place which demands you work all of the
               | time, you either work for an abusive employer, or you get
               | paid a lot of money to be at their beck and call.
               | 
               | If the employer is abusive, find another job. If you are
               | paid a large salary to be a slave to company, consider
               | finding a job with a better work/life balance.
        
               | sfpotter wrote:
               | I think you have a poor understanding of what most of the
               | world looks like. Most people on the planet exist in
               | tenuous circumstances which do not allow them to simply
               | go find another job, let alone an employer that isn't
               | abusive, etc. The luxury of being able to worry about
               | these things and take meaningful action to achieve them
               | is truly a recent phenomenon that is not widely
               | distributed.
        
               | kergonath wrote:
               | > Nope - A large portion of the world works like this. If
               | you work for a place which demands you work all of the
               | time, you either work for an abusive employer, or you get
               | paid a lot of money to be at their beck and call.
               | 
               | If you mean that most employers are abusive then yes.
               | That's why there are laws like this one. Non-abusive
               | employers can ignore it because they were already doing
               | the right thing.
        
               | yawaramin wrote:
               | > find another job
               | 
               | See the problem is that if labour laws didn't protect
               | people, then everyone would be constantly under the
               | stress of having one foot out the door and having to look
               | for another job at the drop of a hat. Workplace
               | productivity would plummet and the economy be quickly be
               | tanked
        
               | asimovfan wrote:
               | There were no weekends before labor movement fought and
               | got it..
        
             | toomuchtodo wrote:
             | You may do well because you're lucky; luck does not scale.
        
             | yawaramin wrote:
             | > What stops my employer from potentially disciplining or
             | firing me is first of all, that I am good at what I do, and
             | second that I negotiate from a position of strength.
             | 
             | In other words, you are at the tender mercies of your
             | employer, and you rely on them to uphold the implicit
             | contract that they will not cross those unspoken
             | boundaries. I'm glad this strategy works for you, but you
             | are literally placing your livelihood, a roof over your
             | head, and the food on your table at risk to keep it this
             | way. If that's an acceptable risk for you, then sure.
        
           | jay_kyburz wrote:
           | I'm no lawyer, but I am an Australian and know the hoops you
           | need to jump through in order to fire a full time employee.
           | 
           | An employer who is prepared to put in writing that you will
           | be fired for not working unpaid overtime (responding to
           | email) is in for bad time.
        
           | ivann wrote:
           | Wait, can an employer fire you even if you didn't make a
           | fault? What country are you in?
        
             | NeoTar wrote:
             | Probably the US - it's scary over there:
             | https://en.wikipedia.org/wiki/At-will_employment
        
               | Der_Einzige wrote:
               | Our work culture is a strong part of why the US is so
               | economically dominant.
               | 
               | Reap what you sow "I work to live not live to work"
               | crowd. Your destiny is to be further economically
               | colonized by the "I live to work" crowd.
        
               | TremendousJudge wrote:
               | Or maybe it was all the military interventions that
               | punished anybody who ever dared to question that
               | domination
        
               | ivann wrote:
               | This strike me as a very naive view of the world.
        
               | Der_Einzige wrote:
               | Look at how dominant the USA is compared to the europeans
               | who love to make fun of us for working so hard. The USA
               | is about to be flung into another golden century due to
               | its dominance in GenAI. Frogs/the EU will be too busy
               | eating caiver served by rude waiters to realize that
               | huggingface and mistral are all they have to compete with
               | us. Eventually they won't be able to afford the caiver
               | anymore. You laugh, but look at how the UK economy is
               | doing. That's the future of Europe.
               | 
               | Yeah it sucks to have a bad wlb work culture, but the
               | alternative is losing what makes America so awesome.
        
               | ivann wrote:
               | And that's the confirmation. But given how emotional your
               | response is I guess there is something personal to it so
               | I won't push it.
               | 
               | I'm just curious as to why did you make a distinction
               | between France and Europe.
        
         | StressedDev wrote:
         | Same here. The fact is no one can be on call 24/7. People need
         | downtime. I have never worked with a manager who demanded
         | people be contactable at any time. I have been on call but that
         | makes sense. Note that on a good team, being on call is easy
         | because the service rarely goes down.
        
         | patrick451 wrote:
         | I have paging app installed my on phone, and that's it. If it
         | is really, truly urgent they will page me. I have never been
         | paged. Nobody has ever complained.
        
         | Aachen wrote:
         | > Helps that 1) I don't have a work phone,
         | 
         | I have a work phone, but that's for making calls and doing
         | other mobile stuff _during work hours_. Nobody expects me to
         | use it outside of those hours, that 's not really related to
         | having one. Do your colleagues only get one when they're
         | expected to be online 24/7?
        
         | space_oddity wrote:
         | You've set some healthy boundaries when it comes to work-life
         | balance, which is great!
        
           | 0xEF wrote:
           | This is important, right here; healthy boundaries. The best
           | time to set them up is right at the start, too. I've had 3
           | employers that privided me with a phone and laptop because
           | the jobs involved travel, but I made very clear that work
           | hours are work hours, so when I am off the clock, so are
           | those devices. The respected that each time because the
           | expectations were negotiated upfront, instead of waiting for
           | one party to get ticked off and trying to pivot from that.
        
       | aussieguy1234 wrote:
       | Generally I'll only answer for actual production emergencies and
       | I'll expect that I'll get time in lieu or overtime payments. I'll
       | probably still keep doing that.
        
       | Prcmaker wrote:
       | With getting no overtime, no time off in lieu, and managers
       | perpetually confusing a 'problem' with an 'emergency', I'm glad
       | to see this happen. If it will actually make a difference though,
       | I'm yet to be convinced.
        
         | girvo wrote:
         | I mean the FWC can straight up fine the company, and in general
         | our commissions & ombudsmans are pretty decently run. It'll
         | have an effect, I'm sure.
        
           | Prcmaker wrote:
           | I would like to see that happen, however, the current
           | available guidance from FWC is worded very with a vast deal
           | of of flexibility in it, and is highly open to
           | interpretation. A manager may, in theory, decide any person
           | responsible for any task may be contacted outside of hours.
           | I've not seen anything truly restrictive.
        
         | guidedlight wrote:
         | It will be most interesting how this applies to teachers, who
         | often have to prepare lessons and mark work outside of hours.
        
           | Yodel0914 wrote:
           | The teacher situation is strange. One the one hand, they
           | often do seem to work outside of school hours on lesson prep
           | and marking. On the other hand, they generally don't work
           | during school holidays (12 weeks/yr).
           | 
           | Also, given that most school days here are ~9am to ~3pm, I
           | wonder how much of that "after hours" work actually falls
           | within the standard 40hr work week.
        
             | BLKNSLVR wrote:
             | Like most things, there's a gaping chasm of variance
             | between teachers that are phoning it in and teachers that
             | want to engage their students in learning.
             | 
             | I know a teacher who leaves for work at 6:30am, gets home
             | after 5:30pm most nights, cooks dinner for the family, and
             | spends the rest of her evening marking work and preparing
             | lesson plans for the next few days. Then there's preparing
             | reports, which is like a 6-week lead-time task in addition.
             | 
             | During holidays she's definitely more relaxed, but still
             | spends an absolute sh*tload of time preparing lessons for
             | next term.
             | 
             | She's specifically on one end of the spectrum, but that's
             | also what it takes to get a class of up to 30 students to
             | actually pay attention and make some worthwhile progress at
             | their schooling. She chooses it though, she loves it, she
             | lives for it.
             | 
             | I couldn't do it to that degree without going insane.
        
               | Yodel0914 wrote:
               | That's amazing, but all-too rare. I think teachers have a
               | very tough job, and many (most?) of them are not very
               | good it at. My kids have had teachers who constantly
               | shift assignment due dates because they're not ready,
               | half-arse their lesson planning and tell the kids to do
               | the rest at home, and are generally unable to manage a
               | classroom.
        
               | coldpie wrote:
               | > That's amazing, but all-too rare.
               | 
               | No, it's abusive and indicative of a failing system. We
               | should not be celebrating overwork. If a system needs its
               | workers to be doing double- or triple-time to function at
               | the desired level, then the system is not working well
               | and is on its way to failure.
        
               | IshKebab wrote:
               | I think it's also a lot more work for new teachers since
               | they can't reuse lesson plans.
               | 
               | I think it's probably quite possible after a few years to
               | be a good teacher and also not spend all your free time
               | marking and preparing lesson plans... but it's still hard
               | work and underpaid. I'll stick with my overpaid and
               | stress free programming job, thanks!
        
               | Der_Einzige wrote:
               | A lot of assignments can be partially machine graded,
               | even if they think they can't be.
               | 
               | Teachers are usually luddites though...
        
               | rgblambda wrote:
               | When you say preparing lesson plans, is that like
               | printing out worksheets or is it literally planning out
               | what the lesson is going to be?
               | 
               | I'm not a teacher so am obviously missing context, but I
               | don't understand how this part isn't standardised for
               | every teacher following the same curriculum.
               | 
               | It would be like asking each individual teacher to write
               | a new textbook every year.
        
               | Ekaros wrote:
               | Experienced teachers likely have it down. Or can just use
               | whatever was done in previous years. But you have set
               | standards changed every 10-20 years at least. And maybe
               | new textbook that has things in bit different order. Or
               | there is some topical thing. Lesson planning is really
               | looking at book and items there thinking how much time
               | going over it with current group takes and then
               | considering what items or things are needed in addition
               | to reach those goals for this lesson.
               | 
               | If you had to make a 1/2 hour presentation/workshop,
               | there is some planning involved even if you can just copy
               | paste the slides and training material.
        
               | rgblambda wrote:
               | Okay, I get it now. Lesson plans are something that can
               | only be done on the fly and are more about adapting to
               | things outside the control of the teacher e.g. one lesson
               | took longer due to a disruption in the classroom.
               | 
               | I was wondering why the people who set the curriculum
               | couldn't just make a year's worth of lesson plans and
               | email them to each teacher. Thanks for the explainer (to
               | everyone who replied).
        
               | majewsky wrote:
               | It probably depends on the country, but in my country
               | (Germany), the government only defines outlines of what
               | knowledge and skills the students are expected to
               | acquire. The teachers are expected to design a specific
               | curriculum to convey these skills (though obviously
               | constrained by outside factors, most prominently the
               | available set of textbooks).
        
               | aragilar wrote:
               | Planning out what the lesson is going to be.
        
               | Xylakant wrote:
               | You have 20-30 kids with varying backgrounds, skill
               | levels and learning habits. Some require challenges to
               | figure out things on their own, others explicitly
               | explanations. Some work well in a group, others need
               | individual attention. Some go through a rough patch at
               | home or with friends and are distracted. Some days are
               | hot and you make no progress.
               | 
               | A teacher needs to respond to the dynamics in a large
               | group of non adults, every day, every minute. You can't
               | plan that out in advance. Sure, experience helps to make
               | the planning easier and to respond to situations you've
               | seen before, but still, every day is different, and
               | responding to the challenges in the last lesson requires
               | a plan.
        
               | Der_Einzige wrote:
               | You're going to get meme responses about why this is the
               | case from Americans who have never been to countries with
               | centralized education systems, but the only reason that
               | America doesn't do this is our strong federalism and
               | decentralized, local, education system.
        
             | sethammons wrote:
             | As a math teacher in the states some years back, I worked
             | 6:30 am to 4pm in the building and from and a couple hours
             | most evenings and usually 3-6 hours both days of the
             | weekend. 70+ hours a week. Any holiday was spent catching
             | up on grading. I often recruited my wife to help grade it
             | was so overwhelming. And summer meant trainings and summer
             | school otherwise the summer was unpaid and as a teacher we
             | desperately needed the money.
             | 
             | All in, I averaged three separate weeks (one at Christmas,
             | and one week on either side of summer) a year of stay-
             | cation since we could barely afford food let alone travel.
             | 
             | When I transitioned to software, I nearly cut my hours in
             | half and doubled my pay, nearly 4x-ing my effective hourly
             | wage and had my first real vacation; heck, my first time on
             | a plane even.
        
             | notatoad wrote:
             | a 9-3 school day for students means an 8-4 work day for
             | teachers, minimum. that eats up the 40hr week right there,
             | even for a teacher working the bare minimum.
        
           | stubish wrote:
           | This isn't addressing unpaid hours, just the expectation than
           | your boss or coworkers can communicate with you after hours.
           | Unpaid hours is already illegal. How to enforce that in the
           | education system without it collapsing is the open question.
        
       | jimbob45 wrote:
       | Almost every message I send after hours saves me double the time
       | during the workday. Otherwise, I would just save it for the
       | workday.
        
       | nwbort wrote:
       | Yes, but 'Employers should be able to justify contacting
       | professionals after hours based on common contract clauses that
       | say a worker's high salary includes reasonable overtime'.
       | 
       | See: https://www.afr.com/work-and-careers/workplace/the-right-
       | to-...
        
         | ehnto wrote:
         | Indeed, but that doesn't effect most people since most people
         | are not on high salaries.
         | 
         | It should help for people like my mother, who get paid sweet
         | fuck all but are expected to work 10-12 hour days, where 1-3 of
         | it is homework and they are effectively on call 24/7 without
         | compensation.
         | 
         | There will be countless exceptions but it's a good thing to
         | have in law, so it can be taken to the ombudsman or used in
         | court.
        
         | whatindaheck wrote:
         | Go to college and get an education so you ~~can make a good
         | living~~ have the opportunity to work more hours.
         | 
         | I understand this should hopefully help low wage earners that
         | are taken advantage of. That's great. The US, my country, could
         | really take some inspiration here. But why are we rolling back
         | the achievements of the standardized 40 hour work week for a
         | certain group of people?
         | 
         | It feels like this is pitting the poor against the middle
         | class. All the while the wealthiest of wealthiest are relaxing
         | in yachts complaining that their grocery baggers can't be
         | called in to work overtime.
        
         | RachelF wrote:
         | For me, the interesting thing about Japanese work culture is
         | that they pay white collar jobs overtime.
         | 
         | Paid overtime seems to be a blue-collar only thing in most
         | English-speaking countries.
        
           | aragilar wrote:
           | Paid overtime is covered in my contract (with rates detailed
           | etc.), as is leave entitlements (and even how long I can be
           | expected to work without a break). I suspect my contract is
           | not unusual in Australia.
        
       | selcuka wrote:
       | > To cater for emergencies and jobs with irregular hours, the
       | rule still allows employers to contact their workers, who can
       | only refuse to respond where it is reasonable to do so.
       | 
       | This clause pretty much invalidates the rest of the rule. Why
       | should an employee need to justify their inability (or
       | unwillingness) to respond? I can understand the "jobs with
       | irregular hours", but otherwise shouldn't it be a best effort
       | thing, without any obligation?
        
         | hanniabu wrote:
         | And what constitutes an emergency. If nobody's wellbeing is at
         | risk then imo it's not an emergency, but I doubt that how a
         | company will interpret it.
        
           | simondotau wrote:
           | The CEO might argue their wellbeing is at risk if they don't
           | receive the bonus for reaching their quarterly targets.
        
         | dopylitty wrote:
         | This only makes sense if emergencies are strictly defined. For
         | instance "don't come to the office there's a bear inside" is an
         | emergency. "the crud app you support fell over" is not an
         | emergency. If the latter is an emergency to the company they
         | should staff for 24/7 support, not rely on exploiting people
         | during their off hours to provide free support.
        
           | Aurornis wrote:
           | > "the crud app you support fell over" is not an emergency.
           | 
           | I think a lot of people are going to be disappointed to learn
           | that situations impacting business-critical operations would
           | be considered emergencies.
           | 
           | The assumption that Australia just outlawed the concept of
           | having an on-call rotation is not supported by the article.
           | 
           | The article says requiring an employee to be on-call 24/7 for
           | general purposes would indeed be illegal.
           | 
           | There was another example that someone could not be required
           | to come in for a surprise shift with only a few hours of
           | notice overnight.
           | 
           | But completely eliminating planned on-call rotations is not
           | part of the goal.
        
             | dopylitty wrote:
             | > But completely eliminating planned on-call rotations is
             | not part of the goal.
             | 
             | It certainly should be. You want your app supported 24x7
             | then pay for three shifts.
             | 
             | If the government won't make it a law then IT workers can
             | make it a demand when they unionize.
        
               | SpicyLemonZest wrote:
               | Sounds like a great deal for the lucky 1/3 of developers
               | who get assigned the day shift, but isn't it pretty rough
               | for the majority? I'd much rather keep a normal schedule
               | and get woken up every once in a while than work 5pm-1am
               | or 1am-9am.
        
               | selcuka wrote:
               | > I'd much rather keep a normal schedule and get woken up
               | every once in a while than work 5pm-1am or 1am-9am.
               | 
               | It would be in the contract you'd sign when you accept
               | the job. It's not like your current workplace will
               | suddenly change the policy and force you to work at
               | night. The world is already full of places with night
               | shift jobs, and you are not currently working at one of
               | those places.
        
               | SpicyLemonZest wrote:
               | Why isn't it like that? If my company decided to follow a
               | new rule that nobody can be oncall after hours, wouldn't
               | they have to force at least 2 engineers from each oncall
               | rotation into the new shifts? Even if I escape being one
               | of those 2, shouldn't I expect to have 66% fewer day
               | shift opportunities in the future?
        
               | Draiken wrote:
               | Once again the lack of worker rights come into play here.
               | Companies should never be able to change an employee's
               | working hours like that. I'm guessing in the US they can,
               | because they have almost no worker's rights. Where I live
               | this would be illegal.
               | 
               | As for new opportunities, well, maybe? The theory would
               | say these weird hour shifts would cost more and companies
               | would have to think harder about their operations and
               | decide if the extra cost really makes sense. Employees
               | would also ask for more money to work under these hours.
               | 
               | I believe it would simply remove the inherent expectation
               | that every tech product is guaranteed to be online 24/7
               | without any extra cost to the companies, only to the
               | employees lives. That's a great outcome in my view.
        
               | SpicyLemonZest wrote:
               | Sure, but this is one of the things people are talking
               | about when they worry a regulation might make companies
               | less competitive. Online 24/7 is table stakes for any
               | company that aspires to have a global presence - nobody
               | in Europe or the US would buy Atlassian products if they
               | were only guaranteed to be available during business
               | hours in Sydney. If Australia successfully shifted the
               | culture on this, Australian software would struggle
               | heavily to find success on the global markets.
        
               | Draiken wrote:
               | So what? If only companies could have slaves again to
               | make them more competitive!
               | 
               | I'm absolutely fine if companies "become less
               | competitive" because they can't exploit their employees
               | as much.
               | 
               | Following this train thought would paint China's 996
               | policy as a great idea.
        
               | justinclift wrote:
               | I'd actually be good with (and prefer) 5pm-1am. :)
        
               | yawaramin wrote:
               | Luckily, employees in other parts of the world are in
               | different time zones and their business hours can easily
               | cover our off hours.
        
               | Yodel0914 wrote:
               | A lot of prod support can't be done remotely, for
               | practical (need access to this physical environment) or
               | security reasons.
        
               | chgs wrote:
               | In which case you need 24/7 shifts on site. If you can
               | fix a problem remotely from your home then someone can do
               | it in Sydney.
        
               | dukeyukey wrote:
               | Even then, feels like.its easier and better for everyone
               | if if instead of everyone needing multi-continental
               | teams, you have one team, and if they get woken up and
               | stupid o'clock to fix something, they get extra holiday
               | or pay or something.
               | 
               | I know I like it like that. And I get that not everyone
               | does! But IME, the out-of-hours rota is usually
               | voluntary, so you can choose.
        
               | morgante wrote:
               | Tripling the cost of running a tech company in Australia
               | is effectively outlawing startups.
        
               | wesselbindt wrote:
               | If you can't afford to pay people to work for you, you do
               | not have a viable business.
        
               | MonortYp wrote:
               | That's right, we should continue to exploit workers
               | instead because of vague contract terms that they "must
               | work extra hours when required". Workers should remember
               | that the business is more important than their non
               | contracted time.
               | 
               | The capitalism dream right?
        
               | Yodel0914 wrote:
               | This seems like a bit of an over-reaction. I do rostered
               | 24/7 on-call 1 week a month. I get compensated for both
               | being on-call, and if I get called.
               | 
               | To run 3 shifts would mean splitting our already smallish
               | team into 3 cells that never worked at the same time. It
               | would actually be cheaper for the org, assuming they
               | could convince the current staff to do it. But it would
               | be a terrible for the team, and for the individuals on
               | the late shift (shift work is notoriously unhealthy).
        
               | Ekaros wrote:
               | In Finland companies pay for on-call support time. That
               | is you get extra pay to be available in 15 minutes or
               | whatever timeframe agreed. And really that sort of
               | commitment should not be free.
        
               | chgs wrote:
               | I used to have such an arrangement, but that was far more
               | stressful.
               | 
               | I'm far happier with the "call me and If I'm able to I'll
               | answer" approach. I've had 2 call outs in 4 years, at a 4
               | hour cost a piece, both sorted with in 20 minutes.
               | 
               | By charging that 4 hour fee it means the person making
               | the call has to justify it.
               | 
               | If I'm in an offical "on call" situation that limits me -
               | can't go to cinema, can't go underground or on a plane,
               | can't got to the country, because I have a contractual
               | agreement to be on call. Forget that.
        
               | sokoloff wrote:
               | > You want your app supported 24x7 then pay for three
               | shifts.
               | 
               | 24/7 is typically covered with 5 shifts (3 weekday and 2
               | weekend).
        
               | chgs wrote:
               | My first 24/7 role was
               | 
               | Mon Tue Fri Sat Sun Wed Thu on earlies
               | 
               | Then repeated on lates
               | 
               | Then a week of nights Monday through Sunday
               | 
               | Then a week off
               | 
               | I believe it's changed now as they don't like 7x12 hour
               | night shifts in a row. Personally I preferred to deal
               | with the "jet lag" once every 6 weeks and be done with
               | it.
               | 
               | Those shifts tended to be fairly quiet with about 4-5
               | hours of breaks (unless something went really wrong)
               | 
               | You can staff a 24/7 shift with 5 people, but you really
               | need 6 once you factor in holiday, illness, training etc.
        
         | SpicyLemonZest wrote:
         | It's just a very narrow rule. The government has an explainer
         | on it (https://www.fairwork.gov.au/employment-conditions/hours-
         | of-w...), and their example of after-hours contact which might
         | be legitimate involves 3 hours of document preparation due the
         | next morning.
        
         | taneq wrote:
         | > who can only refuse to respond where it is reasonable to do
         | so
         | 
         | What does this even mean? I didn't think employees had an
         | obligation to respond at all? Presumably it's actually "whose
         | right to refuse contact is only protected by law where it is
         | reasonable for it to be so."
        
         | Daz1 wrote:
         | Something which would materially affect the businesses ability
         | to continue as a going concern?
        
       | fuzztester wrote:
       | dammit, i thought aussies were more freedom loving than even
       | usians. i have met and interacted with some of them, and have
       | read a good amount about them, too.
       | 
       | did aussies not have this right, earlier?
       | 
       | I don't know if it should even be called a right, because it
       | seems obvious.
       | 
       | to me, it sound more like an attack by employers on employees, to
       | say they cannot do such a thing - before this so-called "right"
       | was "given".
       | 
       | thoughts?
        
         | strken wrote:
         | Employment contracts here usually state that you work X hours a
         | week, likely 38 or less unless your union did a bad job, and
         | can only work more if the hours are "reasonable" according to a
         | bunch of criteria. This was previously enough to cut down on
         | most of this kind of nonsense, but has not proven sufficient in
         | the age of smartphones.
        
           | fuzztester wrote:
           | wow. just the existence of smartphones seems to be not enough
           | of a reason to drop these contracts or criteria. in fact one
           | would think it should be the opposite, because smartphones
           | are so disruptive and distracting.
           | 
           | maybe the unions need to understand that and incorporate that
           | understanding while negotiating.
        
       | hankchinaski wrote:
       | Like in the UK where this already exists. In most contracts you
       | get to sign a waiver. Show me the law and I'll show you the
       | loophole
        
         | walthamstow wrote:
         | You may be confusing the right to ignore out of hours comms
         | with the Working Time Directive that the UK got with EU
         | membership?
         | 
         | The UK doesn't have the former (yet). On the latter you are
         | correct, I have signed away my right in every white collar job
         | I've had. I couldn't sign the contract without signing that
         | right away.
        
       | nomilk wrote:
       | Another 'good in theory' idea. Trying to run a business in
       | Australia is 'death by a thousand paper cuts'. Far too many
       | rules. Letting individuals interact freely creates good outcomes
       | 90+% of the time. Most of these rules are cost-benefit negative
       | because the administrative burden of adherence exceeds the
       | benefit of the new rule. Politicians and govt departments like
       | them though; they get to put a dot-point on their list of
       | achievements.
       | 
       | Unfortunately Australia has become a business-backwater (the
       | upper bound of our capabilities is to dig stuff out of the ground
       | and ship it overseas).
       | 
       | Sorry if this sounds negative, but every rule - however well-
       | intentioned - steals attention and creativity away from
       | entrepreneurs, slows the economy, drives up prices, reduces
       | customer service, and benefits large incumbents who can withstand
       | the burden.
        
         | joshgermon wrote:
         | If you rely on exploiting the fact that your employee does not
         | have the right to ignore your call outside of hours, your
         | business shouldn't exist. What kind of take is this? It says it
         | gives them the right to ignore, not to sue the business if they
         | do call.
        
           | nomilk wrote:
           | Employees _benefit_ from calls out of hours. How? The
           | employer is able to offer better service to customers, and
           | make more money, and the employee can negotiate a higher
           | salary from the more profitable business. Employees who are
           | inflexible cannot offer the same level of service to their
           | employer and its customers; they 'll on-average be paid less
           | and measures like this increase production costs, making
           | goods and services slightly more expensive.
           | 
           | This law reduces the extent to which flexible employees can
           | add (and extract, via hight salary!) value, and the extent to
           | which customers receive timely service.
        
             | ceejayoz wrote:
             | If overnight service is that critical and profitable, hire
             | a night shift.
        
               | nomilk wrote:
               | But who _really_ pays? The employer? Yes, _at first_ ,
               | but the cost is passed straight on to consumers. Prices
               | are sky high in Australia for this reason, businesses
               | have many laws that each increase prices by a fraction of
               | a percent - almost imperceptible - but cumulatively very
               | noticeable.
        
               | SturgeonsLaw wrote:
               | Typical whinging Aussie business owner. You lot won't be
               | happy until you turn us into another America, with at-
               | will employment and healthcare tied to employment like a
               | yoke around an ox.
               | 
               | You are neglecting to mention the power imbalance that
               | exists between employees and employers. Like economists
               | who view all actors as fully informed and rational market
               | participants, your viewpoint is fantastic on paper, but
               | in real life there are centuries of examples of ordinary
               | workers getting exploited if regulations like these are
               | not in place.
               | 
               | And hey, you might be one of the good bosses who will
               | shrug and say "sure, no problem" if an employee wants to
               | prioritise their life over their job. There are plenty
               | who won't, and this law will help reign them in.
        
               | yawaramin wrote:
               | So your argument is that instead of consumers paying,
               | employees should pay?
        
               | intended wrote:
               | But you know what helps ?
               | 
               | More money in wages ! Instead of business owners getting
               | more money? If that went instead to workers (aka
               | consumers) then everyone would have more to spend!
               | 
               | Then you know who would have more money ?
               | 
               | Good business owners !!
               | 
               | -----
               | 
               | Demand side / supply side economics rhetoric is fun, but
               | it's rhetorical.
               | 
               | Success depends entirely on what is appropriate for the
               | market at that given moment.
        
               | lkois wrote:
               | So, paying for a night shift will increase the cost to
               | customers, but higher salaries negotiated by on-call
               | employees won't?
               | 
               | Or did you leave out the part where those employees
               | discover how little negotiating power they really have
        
               | morgante wrote:
               | This is preposterous and basically kills startups
               | completely.
               | 
               | You genuinely think a seed stage startup should hire a
               | complete "night shift" to ensure no engineers ever get
               | paged "after hours?" This simply kills startups
               | completely.
        
               | intended wrote:
               | I'm sorry, this insults quite a few startups and firms
               | that don't believe in wage theft.
               | 
               | Getting equity is not wage theft.
               | 
               | If the principle behind your equity pay out scheme is
               | wage theft with extra steps, you've got a huge problem,
               | and an unsustainable business.
        
               | morgante wrote:
               | Asking employees to participate in a reasonable on-call
               | rotation is not "wage theft." Your
               | antagonistic/adversarial relationship is exactly what
               | destroys cultures.
               | 
               | If you attitude to an outage on a weekend is to ignore it
               | and say that's the company's problem you should simply
               | never join a small startup. You don't deserve equity if
               | you refuse to share in responsibility.
        
               | amonith wrote:
               | If you do offer equity then that's a slightly different
               | thing. That can be considered payment by those who are
               | willing to take the risk. However, a lot of "startups" in
               | EU do not offer such thing. They do standard employment
               | with unpaid on-call. And those can f right off.
        
               | morgante wrote:
               | Yeah I agree those so-called startups deserve your scorn.
        
               | intended wrote:
               | Those are NOT the same things. It seems we will have to
               | get into the weeds to be clear.
               | 
               | Firstly - the conversation here is about startups -
               | however its not specified if its what stage of maturity
               | the startup is at.
               | 
               | Assuming it's an early stage startup, which is typically
               | what "startup" evokes; the risk and return profile is
               | different, and _should_ be captured in the contract. The
               | equity payout early stage employees get is different from
               | what a regular work contract entails.
               | 
               | This is how risk and reward are priced - (and risk and
               | reward is the heart of pricing, which is what this
               | conversation is really about.)
               | 
               | If you want regular employees to do startup hours, or be
               | on call for those times - then the pricing for that time
               | must be commensurate.
               | 
               | That's it.
               | 
               | Nothing more, nothing less. Frankly, I think you would
               | vehemently agree with this.
               | 
               | Suppose, Shit happens. You have some emergency, you need
               | staff to respond. Guess what though? The wording of the
               | regulation seem to cover this scenario!
               | 
               | However, you are in a bad spot, you need to make numbers,
               | so you decide to make people work hours they aren't paid
               | for?
               | 
               | Well come on. That's crap, and I REALLY doubt you are
               | advocating for this, because that's a corrosive attitude
               | that only shields bad management and managers.
               | 
               | That is why these laws exist. Not because of the golden
               | situations where you can have a justifiable ask.
               | 
               | It's because there's more people willing to use power
               | over fairness. To cover up their deficiencies by saying
               | "work harder", instead of fixing issues to actually be
               | sustainable.
        
             | joshgermon wrote:
             | Yes, we know increased profits always go to the worker.
             | Particularly when the business needs to rely on exploiting
             | them to make those increased profits.
             | 
             | Let me try your logic here...
             | 
             | Employees benefit from no paid annual leave! How you ask?
             | The employer is able to offer better service to customers,
             | and make more money, and the employee can negotiate a
             | higher salary from the more profitable business.
             | 
             | Am I doing this right? Workers give up more rights but in
             | theory they can negotiate higher pay because the business
             | is more profitable?
        
               | nomilk wrote:
               | Start with a theoretical employee who offers no value and
               | gets paid zero. Dial up their usefulness and consider
               | what happens. The greater the value an employee offers,
               | the stronger their negotiation power in pay discussions.
               | It's not more complicated than that.
        
               | coderenegade wrote:
               | Start with a theoretical employee who offers excellent
               | usefulness and is paid accordingly. Dial down the legal
               | protections and security and consider what happens. The
               | weaker the security of the employee, the stronger the
               | negotiating power of the employer in pay discussions.
               | It's not more complicated than that.
        
               | ausbah wrote:
               | this comment is a good example of why modern economics is
               | seen as out of touch. you start with a theoretical model
               | then try and apply it to the world vs starting with the
               | lived expenses of workers and building off of that
        
               | djbusby wrote:
               | You forgot the part where individual workers are great at
               | negotiating against a large entity.
        
             | lysp wrote:
             | > This law reduces the extent to which flexible employees
             | can add (and extract, via hight salary!) value, and the
             | extent to which customers receive timely service.
             | 
             | If you're paying someone to be on-call, this is not an
             | issue.
             | 
             | This is about unpaid out-of-hours work.
        
             | koyote wrote:
             | > Employees benefit from calls out of hours. How? The
             | employer is able to offer better service to customers, and
             | make more money, and the employee can negotiate a higher
             | salary from the more profitable business. Employees who are
             | inflexible cannot offer the same level of service to their
             | employer and its customers; they'll on-average be paid less
             | and measures like this increase production costs, making
             | goods and services slightly more expensive.
             | 
             | The business can put that into their contract so that a
             | prospective employee can make a conscious decision:
             | 
             | For example, I have two offers, one for x% higher salary
             | but the contract stipulates a requirement for me to be
             | available after-hours between Xpm-Ypm on x days of the
             | week, I can then make the decision whether the x% more
             | money is worth the stress and the free time I have to give
             | up.
             | 
             | That's how our business introduced on-call: it's opt-in and
             | there is specific remuneration for being on call and for
             | responding to an issue.
        
             | coderenegade wrote:
             | Nice in theory, but I've generated a tremendous amount of
             | value for some of the places I've worked at, and it's rare
             | to see any of it flow back the other way. Secondly, this is
             | a right. An employee can waive that right if they choose,
             | but they have the power. They can't be punished for
             | exercising it, which is the important part.
        
             | kergonath wrote:
             | > This law reduces the extent to which flexible employees
             | can add (and extract, via hight salary!) value, and the
             | extent to which customers receive timely service.
             | 
             | Not at all. It means that if they want employees to be on
             | call they have to pay for it.
        
               | buro9 wrote:
               | This is nearly always a myth.
               | 
               | On call has a huge precedent, it's not tech, it's the
               | health sector.
               | 
               | "Paid" on call is already defined as the active portion
               | where you're responding to a page, not the passive
               | portion where you're carrying the pager.
               | 
               | Some countries have rules around time to respond within
               | the definition of active vs passive, but most do not and
               | the carrying the pager isn't compensated at all.
               | 
               | Even with the active part, time-in-lieu can be the
               | definition of paid... still 40h per week (or whatever),
               | but if you only responded to 1h of active on call in a
               | week, finish work an hour earlier one day the next week.
               | 
               | People in tech like to imagine that their salary rises by
               | some significant %, but it seldom does... nurses and A&E
               | staff aren't paid far more for being on-call and carrying
               | a pager, and that precedent travels far, countries aren't
               | legislating in a way that makes their health services
               | untenable.
               | 
               | Some countries do legislate hard in this area, i.e.
               | France, but then... they have a much smaller tech sector
               | as a lot of companies will avoid hiring there or setting
               | up an office there (especially when neighbouring
               | countries do not have such legislation).
               | 
               | To be clear I don't know what the exact text of the
               | Australian law is, but I'm just clarifying that on call
               | does not have to be paid, and as soon as one thinks about
               | the health service and the impact of such legislation
               | it's clear why. Sure one can also view this as wage theft
               | in every industry, but in that case workers need to go
               | make that case. Most large companies will likely continue
               | to avoid such legislation by treating their workforce as
               | fluid, and just withdrawing from some countries and only
               | hiring in others.
               | 
               | Note: None of the above is reflective of where I
               | currently work, but are things I've learned from prior
               | places of employment.
        
               | jen20 wrote:
               | Payment buys time that people can't be doing what they
               | want to. If what they want is to be drinking 10 beers,
               | then the options are either paying them not to (i.e.
               | paying for passive on-call time), or accepting that if
               | there is a call they might not be able to handle it since
               | they could be half in the bag.
               | 
               | This practice will only continue as long as people accept
               | it.
        
             | antimemetics wrote:
             | Surely you are joking
        
             | yawaramin wrote:
             | What you are describing is called wage theft.
        
               | lkois wrote:
               | But, but, if the employer doesn't steal wages from
               | employees, where will they get the money to pay them
               | higher salaries?
        
             | intended wrote:
             | Employees != customers.
        
             | stephen_g wrote:
             | Absolute nonsense - if you need on-call support from your
             | engineers, put it in the contract and pay them the extra
             | for the time when they're on-call, you're literally
             | complaining that you can't rely on unpaid overtime for
             | something you should be paying for!
        
           | Daz1 wrote:
           | > your business shouldn't exist. What kind of take is this?
           | 
           | Your take was worse
        
         | dabiged wrote:
         | I have to respectfully disagree here. You place far too much
         | stead in "individuals freely interacting" and none in
         | "micromanaging bosses constantly hassling you at ridiculous
         | hours for pissant assignments that can wait until the morning".
         | 
         | My experience in working at Australian businesses, especially
         | as an IC, is that there is far too much of the latter, and far
         | to little of the former. This is especially true the younger
         | the reporting staff member is.
        
           | givemeethekeys wrote:
           | While I support his new law, more rules do act as a barrier
           | to entry / competition for new / smaller businesses. Larger
           | companies can more easily adhere to increasingly complex
           | employment rules than smaller ones.
           | 
           | The new law protects people from being bothered by
           | micromanagers during off hours, but reduced market
           | competition keeps people stuck with a shitty boss, and
           | reduces their chances to get a raise.
        
             | intended wrote:
             | Yep. Rules and enforcement create compliance costs.
             | 
             | So do contracts.
             | 
             | We aren't removing contracts though.
             | 
             | If we are discussing market forces, an abundance of roles
             | doesn't equal an abundance of good managers.
             | 
             | It does increases search costs for workers.
        
         | jp0d wrote:
         | It's indeed a very negative take on a pro-labour policy.
         | Entrepreneurship doesn't equate to exploitation of workers. If
         | your business depends on that then it's not a death by thousand
         | paper cuts, rather a death by poor management. Germany has
         | similar laws and it hasn't exactly become a 'business-
         | backwater'.
        
         | sandworm101 wrote:
         | >> but every rule - however well-intentioned - steals attention
         | and creativity away from entrepreneurs
         | 
         | Really? Every rule? How about safety in the workplace? Hardhats
         | for construction workers? No more asbestos in the walls? I
         | think the rules setting standards for cars/trucks have
         | prevented vast numbers of accidents. Lord knows what insurance
         | rates would be like without limits on how much a truck can
         | carry, how fast it may drive. The innumerable rules that create
         | and protect intellectual property rights have served
         | entrepreneurs well too. And there was that ozone hole thing.
         | 
         | Here is an idea: Lets remove the rules about embezzlement. When
         | an employee takes from an employer that employer can fire them
         | and sue to get property back. No need to involve the police.
         | Let the hand of the free market separate the trustworthy
         | employees from the bad.
        
         | moorow wrote:
         | I own a tech consulting company in Australia. What rules are
         | you talking about? The only change that's come in recently
         | that's affected us is the changes to fixed-term contracts, and
         | that's an entirely fair change to stop employees from getting
         | dicked over by bad employers. Likewise, moving super through
         | one-touch payroll is a great change that literally only affects
         | dodgy employers.
         | 
         | The reason we're a country that digs shit out of the ground in
         | lieu of doing anything else is the same reason why virtually
         | all investment in the country is in real estate: it's not taxed
         | highly enough to encourage people to diversify, and it's a
         | sector that's too big to fail. Why would you invest in your
         | mate's new tech company and potentially lose it all when you
         | can throw it into a property with almost literally zero risk
         | and far better returns?
        
           | zooq_ai wrote:
           | In Tech consulting, you can pass of all your regulations and
           | cost to your client.
           | 
           | In fact consulting thrives exactly because of government
           | overreach.
           | 
           | Startups are complete opposite of Consulting
        
             | trog wrote:
             | Huh? If you're a startup you still have to absorb
             | regulatory costs somehow.
             | 
             | If they're not getting passed on to the customer, they are
             | getting picked up by the VCs. This is pretty normal.
        
             | moorow wrote:
             | Dunno about you guys, but we're not charging doing payroll,
             | management or regulatory compliance to our clients unless
             | it's specifically requested/required by the client.
             | 
             | You could say "oh but that cost is bundled into your
             | rates", but that cost is also bundled into your product
             | fees for a product start-up, so..?
             | 
             | We don't have to do r&d documentation but we also don't get
             | r&d reimbursements. Not a lot else different from a back-
             | office perspective.
        
         | crossroadsguy wrote:
         | Right. Let the exploiters and the exploited, with that glaring
         | power gap, settle it among themselves and keep it in the house.
         | Couldn't agree more.
        
         | Yodel0914 wrote:
         | Sometimes governments attempt to make rules to promote a value
         | other than the economy. Yes, those rules can (usually do) have
         | negative economic impacts. More wealth is good, but lets not
         | pretend that there are no tradeoffs.
         | 
         | The last 10 years (and especially the last 3) have seen a
         | massive shift in work culture and the once-precious work/life
         | balance has essentially disappeared. Many people in white
         | collar jobs are hooked into work every waking hour. That sucks,
         | and a lot people don't want to live like that. Many people
         | (myself included) are in a position to set clear boundaries,
         | but many others aren't.
         | 
         | I'm not a huge fan of government as a guardian of culture, but
         | sometimes it is. In this instance, the law is essentially
         | mandating a return to the cultural norms of ~10 years ago. If
         | your startup fails because of that, well, that's OK - perhaps
         | you can come up with something more pro-social.
        
       | PlunderBunny wrote:
       | Maybe we should think of these things as employment flags?
       | 
       | There's no right-to-disconnect in my country, but sometime this
       | year my boss started putting "I don't expect a response to this
       | email outside of your normal working hours." on the end of his
       | email signature.
       | 
       | I might not be earning FAANG money, but it's just another sign
       | I'm working for a 'good' company.
        
         | frosting1337 wrote:
         | A lot of companies here are pretty good. It's the ones that
         | aren't that necessitate the law change.
         | 
         | My workplace, for instance, published the formal policy last
         | week and the accompanying announcement was honestly bordering
         | on anger about it. My team is pretty good, but other teams have
         | been having to work out of hours. It's a good change.
        
         | warbeforepeace wrote:
         | I work for FAANG and have had one page outside of working hours
         | over that last 12 months. I do not respond to emails on
         | weekends or evenings. I do not turn my work laptop on during
         | vacation at all. I leave at home in a safe.
        
           | Insanity wrote:
           | Totally different experience here working for FAANG, at least
           | as it pertains to pages. For emails / slack etc I found it
           | easy to ignore while working as an engineer, but much harder
           | now in a management role. Even entirely disconnecting when
           | going on vacation can be tough.
           | 
           | That said it is mostly self imposed. Over the past 2 years it
           | was rarely the expectation to work outside regular hours (but
           | did happen).
        
             | antimemetics wrote:
             | > it is mostly self impose
             | 
             | This is the key. Of course companies don't object to you
             | working extra hours. You shouldn't do it - it sets a bad
             | precedent for those who you manage.
        
             | xmprt wrote:
             | The hard part of disconnecting as a manager is feeling like
             | the team is blocked on you when you're not there. If you're
             | a good manager then you enable the team to function without
             | you. It's just tough to get that level of confidence in
             | your management abilities.
        
           | test1235 wrote:
           | >I work for FAANG and have had one page
           | 
           | literally a page? with a pager?
        
             | erklik wrote:
             | Usually via a Pager app these days, not a physical device.
        
             | y-c-o-m-b wrote:
             | I have a literal pager because my company wants to take
             | over my phone with their software and have the ability to
             | wipe it out any time they wish. No thanks, kiss my ass.
             | They will not provide a work phone either. An actual pager
             | was the only alternative.
        
           | y-c-o-m-b wrote:
           | I envy you. I've been on-call numerous times just this month
           | and got paged almost daily, many of them between 10pm and
           | 6am, 2am on average. Our on-call duty is basically house
           | arrest for a week. The worst part is 90% of the pages are not
           | real issues or I can't even do anything about them other than
           | wait for them to self-resolve. It drives me insane and
           | because it's FAANG, it's nearly impossible to get this
           | changed. If I could find another job (and I'm trying!), I
           | would bail in an instant.
        
             | nvarsj wrote:
             | That on-call doesn't sound healthy at all. Have you tried
             | improving it? You have a strong case for it - such a noisy
             | on-call will miss real issues.
        
         | lkois wrote:
         | I recently had a slack message on my Friday evening from my
         | delayed-timezone manager starting his Friday. There was no
         | expectation to answer out of hours, but it was some small
         | detail I could answer in a few seconds. And this was from a new
         | and intense 24/7 workaholic ex-FAANG manager, whose high
         | expectations I was still getting used to, and who would likely
         | spend his whole weekend working on this project. So I gave a
         | quick response.
         | 
         | He said thanks, told me to turn my phone off, and sent a group
         | message to the team reminding us not to work outside hours,
         | with a link to instructions on disabling slack notifications.
         | And then he started scheduling his own overnight/weekend DMs to
         | send at 9am Monday.
         | 
         | It was an awesome response, and those firm self-imposed
         | boundaries helped allow the work to be rewarding, rather than
         | an absolute nightmare.
        
         | Aachen wrote:
         | I'm so confused that the manager felt the need to say this or
         | that your country would need such a right for you to have that
         | right (because unless it's in your work contract, you've not
         | agreed to work when you're not working)
         | 
         | Two questions: assuming you have fixed hours, does anyone
         | (colleagues, direct supervisor, big boss) expect you to see
         | messages or emails outside of your working hours? Second
         | question: what culture does your answer apply to?
         | 
         | For me the answer is a confident "no", having worked in the
         | Dutch and German tech sector, mainly in small companies
        
           | dan-robertson wrote:
           | The upside to not including such a thing seems pretty low.
           | Maybe people save a few seconds not reading it? The downside
           | seems quite high if you actually want people to understand
           | your expectations about working hours. The signature may not
           | mean much to someone who has been working for a long time but
           | it could matter more for someone who is just starting their
           | first job, or who has come from a quite different working
           | environment, for example.
           | 
           | I guess one thing you might say is 'why is this manager
           | sending emails at such times' but I think lots of people like
           | the flexibility of working strange hours, eg maybe they tend
           | to wake up very early, or want to fit their work-schedule
           | around some childcare obligations like breakfast or a school
           | run.
        
             | Aachen wrote:
             | I don't understand the first paragraph, what does "such a
             | thing" refer to?
             | 
             | As for the second, yes that seems like a given. We send
             | each other messages day and night because of that, but
             | nobody expects a response outside of the recipient's
             | working times
        
               | latexr wrote:
               | > I don't understand the first paragraph, what does "such
               | a thing" refer to?
               | 
               | The signature in the email.
        
         | duxup wrote:
         | That's been the policy at every company I worked at.
         | 
         | The only exception being when I was paid extra to be on call.
        
         | space_oddity wrote:
         | Yes, it is! You are the lucky one
        
         | madeofpalk wrote:
         | Your boss is telling on themselves, admitting that they do
         | expect you to work outside of normal working hours, even if to
         | just read the email.
         | 
         |  _Sending_ that email out of office hours itself is a red flag.
        
       | anon-3988 wrote:
       | This is fine for big companies and government but startups is
       | going to die because of this.
        
         | ern wrote:
         | Startups, and anyone else can still roster support.
        
       | joshgermon wrote:
       | Keep in mind all the low-income employees who are harassed after
       | work for trivial reasons that can absolutely wait by power-trip
       | managers who will now feel a tiny bit more empowered to say no
       | than they did yesterday. I think it's a great thing even though
       | it doesn't benefit me directly.
        
       | Gustomaximus wrote:
       | For emails, I generally feel these are a 24hr thing. I turn off
       | email alerts so I can focus on my tasks then check a few times a
       | day only.
       | 
       | I used to filter CC emails into their own folder for reading
       | maybe once a day which worked mostly well but occasionally people
       | can't seem to use to/CC as they are supposed to.
       | 
       | Calls I always try to pickup or callback asap but my job calls
       | usually means urgent.
       | 
       | Chat like Teams I'm mixed. Often it's urgent but too many people
       | use Teams in my current company like email and it's really
       | disruptive to work flow getting 50 unimportant messages a day +
       | long "just one more thing' task requests. Ive considered putting
       | an auto-reply of "if it's not on JIRA it's not a task" but that
       | would not come across well.
       | 
       | But generally I feel a better law change would be right to work
       | your contracted hours. Put the onus on the company that they have
       | to get your workload to the contracted hours or pay overtime.
       | Some exceptions for execs on top end pay, but generally this
       | would be a better win for employees, and then you can get that
       | after work call but your being paid extra, which in itself will
       | make people think twice about calling etc when they know there is
       | a cost.
        
         | cj wrote:
         | Isn't what you're describing the difference between exempt and
         | non-exempt employees? In the US, the protections you're
         | describing exist if you make less than ~$60k. Above that amount
         | and you're exempt from being entitled to overtime.
        
           | anon373839 wrote:
           | > if you make less than ~$60k. Above that amount and you're
           | exempt from being entitled to overtime.
           | 
           | This is incorrect. Entitlement to overtime pay varies from
           | state to state. In California, for example, there are complex
           | rules but for most employees, the analysis ultimately boils
           | down to whether you spend more than 50% of your working hours
           | performing exempt duties. If you don't meet this threshold --
           | even if you are highly compensated and have an executive
           | title -- you are not exempt and you must be paid overtime. It
           | also does not matter if the company is paying you on a salary
           | or hourly basis.
        
       | steelframe wrote:
       | I've dabbled in management a few times in my career. This meant
       | attending manager-only meetings and trainings. I'll never forget
       | one time when a manager in a focus group said something along the
       | lines of, "The tech sector is going through a rough patch, so we
       | can turn the screws on our employees and they'll have to take it
       | because they will have a hard time trying to find a job somewhere
       | else." This is at a company where most of the employees are on
       | work visas, so losing their job can very rapidly escalate into
       | having to leave the country in short order.
       | 
       | After I picked my jaw up off the floor I realized I simply lacked
       | the scruples I'd need to be "one of them." I also started looking
       | into every legal protection I had available to me in my
       | jurisdiction.
       | 
       | I know not every manager is like that. I'd like to think I
       | wasn't. But there are enough of them that think that way that
       | legal protections often need to be there.
        
         | nine_zeros wrote:
         | > After I picked my jaw up off the floor I realized I simply
         | lacked the scruples I'd need to be "one of them."
         | 
         | This is the reason why I always tell young engineers to treat
         | companies with utmost business-only mentality.
         | 
         | It's not that all managers are bad. It's that the company
         | rewards psychopathic behaviors - that aren't easily apparent to
         | humble people.
         | 
         | Companies are merely out there squeezing and exploring
         | employees. Employees should feel free to return the favor.
         | 
         | In short, Fuck the corporations. They fired the first shot.
        
           | antimemetics wrote:
           | Corporations are a form of "slow" AI - this is literally a
           | war against the machines
        
           | bruce511 wrote:
           | Unfortunately the word "company" encompasses hundreds of
           | millions of entities, of enormously different cultures,
           | attitudes, ethics and so on.
           | 
           | Personally, I think behavior does (and likely has to) evolve
           | with size. Unfortunately bigger tends to be worse.
           | 
           | Culture is also primarily a top-down flow. I'd the CEO is a
           | screamer expect screamers all the way down and so on.
           | 
           | Of course there are companies, too many of them, that behave
           | badly. There are too many people who treat other people as
           | nameless, expendable and exploitable. There are also many
           | others, the ones that don't make the juicy comments on
           | reddit, which behave well, treat people as people, and so on.
           | 
           | Treating your work-place as a hostile environment can be
           | emotionally and mentally draining. It can be counter-
           | productive if the environment desires to support you.
           | 
           | Equally, if your environment _is_ hostile then at least be
           | looking elsewhere. Not all companies are created the same so
           | there are likely better options elsewhere (although getting
           | those posts is harder because people tend not to leave.)
           | 
           | Your advice rings true for many companies. But people stay in
           | those places because they believe everywhere is the same. So
           | a more nuanced advice might be to understand the culture and
           | behavior where you work and decide if that's a culture you
           | want to assimilate, and support, long term or not.
           | 
           | For the record, the place where I work has never expected
           | anyone to do emails etc out-of-hours and you'd be laughed at
           | if you suggested people should behave otherwise.
        
             | steelframe wrote:
             | I wonder how much of a thing "long-term culture" really is
             | in the tech industry. The culture at Google in the year
             | 2024 looks very different from the culture at Google in
             | 2010. In many ways the culture at Microsoft in 2024 is
             | radically different from the culture at Microsoft in 2001.
             | 
             | I do agree with the notion that company culture trickles
             | down from the CEO over time. So that suggests that company
             | culture can shift as CEOs come and go. Another factor that
             | can impact culture include market pressure. I can say with
             | some confidence that the relentless squeeze that
             | shareholders put on operating costs undeniably has a direct
             | impact on practices and policies that govern the quality of
             | the average employee's experience at work.
        
             | consteval wrote:
             | I disagree. The fundamental idea of a company causes this
             | behavior. They, the company, actually doesn't have a
             | choice.
             | 
             | You have to turn a profit and the only way to achieve that
             | is exploitation. You have to take labor and pay less than
             | it's worth and pocket the difference. There's no way around
             | it.
             | 
             | You might say "well you can be less exploitative" - but not
             | really. Because you ALSO have to thrive in your market.
             | Even if you are an angel sent from God to save corporate
             | America, your competition isn't. They lie, they cheat, they
             | steal. If you don't you're a sucker, and it's only a matter
             | of time until your company goes under.
             | 
             | Because consumers will choose the cheaper option almost
             | every time. And they don't actually know much about the
             | company, they only know advertising. And they don't know
             | much about the product either, because products are
             | complex. Even domain-specific products, like, say, medical
             | equipment - the buyers don't know shit. They know what the
             | product should do, but do they know the materials are
             | reliable? Do they know the power system is reliable? Do
             | they know the software is written in a memory-safe manor?
             | No, they don't.
             | 
             | So you lie (advertise). And you steal (pay your employees a
             | low wage). And you cheat (use capital to undercut
             | competitors, sometimes selling at a loss in new markets).
             | And if you say no, then you will be replaced by someone who
             | does. Nobody has any choice in this system.
        
               | nine_zeros wrote:
               | > Because consumers will choose the cheaper option almost
               | every time.
               | 
               | Largely true - but the key word is "almost".
               | 
               | > You have to turn a profit and the only way to achieve
               | that is exploitation. You have to take labor and pay less
               | than it's worth and pocket the difference. There's no way
               | around it.
               | 
               | But this is NOT the only way to achieve lower prices.
               | Lower prices can be achieved by simple things like
               | keeping your employee turnover at a minimum, not going
               | through rounds and rounds of layoff+hiring cycles, not
               | wasting time on "performance reviews" and other BS
               | management activities - and generally treating employees
               | and customers as an asset. This is automatic cost savings
               | that can be passed down to the customers.
               | 
               | Do you know why customers are willing to pay higher
               | prices at Trader Joes? It is because the store is always
               | staffed, clean, and full of inventory with happy
               | employees.
               | 
               | There is clearly a higher quality way of winning. The
               | factory-style squeeze and replace seems rather naive and
               | stupid from a branding and long term return perspective.
        
               | consteval wrote:
               | As I've said, you can be less exploitative. You can't be
               | not exploitative.
               | 
               | > happy employees
               | 
               | Trader joes employees are not actually paid very well.
               | They're paid okay. Also trader joes is not very
               | successful. They're a small niche, only profitable in the
               | whitest and richest parts of the country.
               | 
               | > seems rather naive and stupid from a branding and long
               | term return perspective
               | 
               | Yes, to an extent. But branding, as I've alluded to, is
               | mostly advertising. The reality of your product is a tiny
               | tiny part of your brand. How your brand is advertised is
               | a much bigger part.
               | 
               | Luxury goods are often not actually higher quality. They
               | just advertise to rich people and have big "no poors
               | allowed" signs on the front door. They create an
               | artificial scarcity in people's minds, and monkey brain
               | says "ooo ooo rare = valuable!!"
               | 
               | Trader joes is cleaner, sure, and the experience is
               | nicer. But from a food quality perspective, how much
               | better is it than Walmart or Target? ... not much. I can
               | find produce and whole-foods at both locations and I can
               | live an equally healthy life with a diet consisting of
               | only foods from Walmart.
               | 
               | But Walmart doesn't have the prices written on cute
               | little chalk boards, so...
        
               | nine_zeros wrote:
               | > You can't be not exploitative.
               | 
               | This is not true. Specifically because you are pointing
               | out that exploitative companies will retain more money
               | than non-exploitative ones and thus not be beaten in
               | competition.
               | 
               | However, it is paradoxically also true that the same
               | competition is beaten merely by high quality - leading to
               | higher margins. Cost cutting is not the only way to
               | squeeze margins.
               | 
               | > Trader joes employees are not actually paid very well.
               | They're paid okay. Also trader joes is not very
               | successful. They're a small niche, only profitable in the
               | whitest and richest parts of the country.
               | 
               | And yet, they are nowhere close to running out of money
               | and have a firm loyalty against cheaper competition.
               | Exploitative cheap is not the only way and you are
               | proving that same point.
               | 
               | > Yes, to an extent. But branding, as I've alluded to, is
               | mostly advertising. The reality of your product is a tiny
               | tiny part of your brand. How your brand is advertised is
               | a much bigger part.
               | 
               | > Trader joes is cleaner, sure, and the experience is
               | nicer. But from a food quality perspective, how much
               | better is it than Walmart or Target? ... not much. I can
               | find produce and whole-foods at both locations and I can
               | live an equally healthy life with a diet consisting of
               | only foods from Walmart.
               | 
               | Yes you can find the same produce at whole-foods or
               | walmart or target. And yet, trader joes survives and is
               | expanding. Once again, you are proving the same point -
               | cheap exploitation is NOT the only way to win.
        
               | consteval wrote:
               | No, because if you're not exploitative that would mean
               | you're producing exactly as much money as you're paying
               | out to your labor, or less. This is impossible in a
               | capitalist system, because you go under.
               | 
               | It can be done and sometimes is, but we call that
               | charity. I've seen some businesses that take 100% of
               | their profit and just redistribute it to their employees.
               | But they can never expand, only float, and the company
               | exists on borrowed time.
               | 
               | The difference here is made up with capital - as in,
               | we're told the myth that capital is the reason why
               | businesses pay less for labor than it produces. Because
               | they provide the capital.
               | 
               | In reality, capital can be democratically owned and
               | capital is also not the cornerstone of our economy.
               | People, labor, is.
        
               | nine_zeros wrote:
               | > No, because if you're not exploitative that would mean
               | you're producing exactly as much money as you're paying
               | out to your labor, or less.
               | 
               | This is an incorrect understanding of exploitation. Even
               | in the most ethical corporation to have ever lived, 100%
               | of the money earned will not go to labor. The money
               | earned by a corporation is always paid out to
               | 
               | 1. Employees/suppliers
               | 
               | 2. Government
               | 
               | 3. Shareholders
               | 
               | 4. Company's own balance sheet
               | 
               | The exploitation part happens when companies cut on 1 to
               | boost 2, 3, and 4. They do so to boost margins.
               | 
               | But strictly speaking, they could cut 2 via tax deduction
               | maneuvers, cut 3 via shareholder return cuts, and cut 4
               | via plain old not saving more.
               | 
               | Cutting 1 is the most visible cut there is. Within 1,
               | they could cut labor, quality, suppliers, advertising,
               | what have you. Everything is shortchanging the company.
               | 
               | There are so many levers at play here. Exploitation only
               | starts at stripping your company's assets (labor,
               | loyalty, real estate, supplies, customer goodwill) in
               | order to boost other aspects - usually 3 and 4.
        
               | consteval wrote:
               | There are economic systems in which 100% of the value
               | produced is paid out to laborers. We're just not in one.
               | 
               | > Exploitation only starts at stripping your company's
               | assets (labor, loyalty, real estate, supplies, customer
               | goodwill) in order to boost other aspects - usually 3 and
               | 4.
               | 
               | First, this is merely an opinion. It's not a matter of me
               | "misunderstanding" exploitation. It's an opinion that
               | this is when exploitation starts.
               | 
               | Also, this is UNAVOIDABLE. You MUST, necessarily, take
               | some money away from labor to give it to 3 and 4.
               | 
               | Your entire thought process rests on this word here -
               | "stripping". What is that? When does that begin?
               | 
               | Is one dollar stripping? To me, yes, to you, no. What is
               | that magic number? And, if you can find that magic
               | number, why is it correct? And who decides?
        
               | nine_zeros wrote:
               | > There are economic systems in which 100% of the value
               | produced is paid out to laborers. We're just not in one.
               | 
               | You will need to give examples.
               | 
               | > Also, this is UNAVOIDABLE. You MUST, necessarily, take
               | some money away from labor to give it to 3 and 4.
               | 
               | Absolutely. Can you point at where this was not implied?
               | 
               | > Your entire thought process rests on this word here -
               | "stripping". What is that? When does that begin?
               | 
               | This where your understanding is completely off. It seems
               | that you are missing the forest for the trees. Instead of
               | focusing on "stripping", try to ask the question, "What
               | steps can the company take when they are stagnating in
               | revenue or margins?"
               | 
               | Peace!
        
         | benjaminwootton wrote:
         | In a strong market the management and owners will have to pay
         | more and improve conditions.
         | 
         | Maybe some managers will be faster to exploit things when
         | supply/demand turns in their favour, but pretty quickly the
         | invisible hand of the market would have readjusted anyway.
        
           | throwaway984393 wrote:
           | The invisible hand of the market does not make shitty people
           | with power become less shitty people with power.
        
         | alvah wrote:
         | I had a similar experience with an HR manager in Australia,
         | boasting about how they'd used a recent downturn to cut
         | individuals' hourly rates by 10% (including many of my
         | friends), while not reducing the charge-out rate to the client.
         | Corporate management (as distinct from small business) selects
         | for people like this.
        
         | crossroadsguy wrote:
         | I am from India and this is very common thing from Indian
         | managers whether they are in India or working abroad (and I am
         | sure this is not limited to India but since I am from there I
         | am sharing this example). It's just a thing. I often am a
         | pariah at workplace when it comes to views on work-life
         | balance. So I have learnt to never get into discussions about
         | it and just shut up and keep my head down while never giving in
         | to any manager's pressure and still trying to maintain calm and
         | composure avoiding direct conflict. It's like walking on egg
         | shells.
        
           | abhinai wrote:
           | I've had Indian managers and never experienced this. You're
           | probably extrapolating from a small sample size which may all
           | be from same company / industry.
        
             | sitkack wrote:
             | I have had 7 managers from India at big US companies over a
             | 30 year span and 6 of them where like this. It is an
             | interesting phenomenon, in another timeline I'd like to be
             | a tech ethnographer.
        
             | potamic wrote:
             | Most people who have worked both in the west as well as in
             | the country will say there is a stark difference in the
             | superior-subordinate dynamic between these two places.
             | Concepts of professional respect, upward feedback and
             | personal boundaries are less evolved here. It's a byproduct
             | of the region's culture which is inherently hierarchical.
             | While there are places which actively eschew traditional
             | ways, especially those that are part of global
             | orgranizations, given the size of the industry there are
             | many more where a strong hierarchy and subordination is
             | unfortunately the norm.
        
             | ImPostingOnHN wrote:
             | Basing the claim, _" you're probably extrapolating from a
             | small sample size"_ on only your experience, is
             | extrapolating from a small sample size.
        
           | KennyBlanken wrote:
           | This isn't some Indian specific thing.
           | 
           | Private equity is destroying US infrastructure to make a
           | quick buck. It's happening in almost every sector of the
           | economy you can imagine. I'm not exaggerating when I say that
           | PE firms are buying up nursing homes, transfering ownership
           | of the land and building off into a separate entity, and have
           | that entity charge the nursing home rent which keeps going up
           | and up. This forces management of the nursing home to find
           | ways to cut expenses until there's nothing left to cut except
           | stuff directly related to resident care, safety, etc.
           | Families see the writing on the wall and move their relatives
           | out which accelerates the demise of the nursing home and it
           | has to shut down (or is shut down, by the county/state.) Then
           | the PE firm bulldozes the building and sells the property
           | (which is what they really wanted.)
           | 
           | The US suffered a massive toxic fire in Ohio that destroyed a
           | big chunk of the town and left a huge area heavily poisoned
           | because a private equity firm bought the railroad and was
           | squeezing it for every penny, and despite plenty of warnings
           | by union officials and experts, the FRA did nothing and
           | then...boom. Wheel bearing seized, train derailed, town
           | polluted by hundreds of thousands of pounds of incredibly
           | toxic chemicals like vinyl chloride.
           | 
           | https://www.tiktok.com/@moreperfectunion/video/7198354503823.
           | ..
           | 
           | Precision railroad scheduling means:
           | 
           | - insanely strict rules about when engineers can request time
           | off even for family medical emergencies, and sick days (so
           | you have train engineers and other staff working while sick
           | as dogs. Totally safe! Really stressed out employees, too -
           | and stress means mistakes.) RR unions tried to strike twice.
           | First congress and then and Biden bitch-slapped them back to
           | work with a "compromise" that was still oppressive as hell
           | because the economic disruption from the trains not running
           | was more important. All because the railroads want to cut the
           | number of employees down as low as possible so there aren't
           | available engineers to replace sick ones, and they don't want
           | delays while replacement engineers head out to trains that
           | had to be left somewhere because the engineer was sick.
           | 
           | - dramatically reducing the time rolling stock maintenance
           | crews have to inspect a car for problems - from three minutes
           | to a minute and a half. Not only does this save labor, it
           | means those maintenance crews don't find as much stuff wrong
           | which takes a car out of service and costs money for the
           | repair...woo, saving more money!
           | 
           | - reducing the number of employees per train; I believe it's
           | currently two, and they're trying to push the FRA into
           | allowing them to run one employee per train.
           | 
           | - increasing train lengths to reduce labor costs by moving
           | more cars per people they have to pay. This increases the
           | chances of derailments, and also causes other problems, like
           | slower brake response time (the longer the train, the longer
           | it takes for a pressure reduction in the brake line to make
           | it to the end of the train, though I believe some end-of-
           | train devices can be set up to remotely release brake
           | pressure.)
           | 
           | - reducing track crews _and_ time allocated to track
           | maintenance so the tracks are more available and maintenance
           | costs are lowered.
           | 
           | Keep in mind locomotive engineers are paid a median wage of
           | $35/hour with a 10/90th percentile spread of $28/$44. These
           | aren't enormous sums of money they're saving by going to one
           | person on the train, particularly since it will be a lower-
           | paid employee who is removed.
           | 
           | The crash was caused by overheating bearings which caused a
           | wheelset to seize and derail the train.
           | 
           | It gets worse. The railroad pushed to have tanker cars
           | intentionally burned, lied to the public, and turns out it
           | was likely just because burning off the chemicals was cheaper
           | and faster than a proper cleanup. Sources: https://www.tiktok
           | .com/@moreperfectunion/video/7247656170347... and https://en.
           | wikipedia.org/wiki/East_Palestine,_Ohio,_train_de...
           | 
           | Hilariously, the EPA, the railway, and "independent
           | scientists" all declared the area safe but EPA employees
           | visiting the sites became sick in ways similar to how
           | residents were being affected.
           | 
           | The railroad companies responded to public and congressional
           | furor by saying they'd self-regulate (!) better, and join a
           | program similar to the FAA's close-call incident reporting
           | system. Only one railroad has joined that system, and all but
           | one raiload saw an increase in derailments in the following
           | year.
           | 
           | The PE firms know their maintenance and staffing cuts are
           | causing increasing problems and will destroy the railroad
           | companies. They don't care. They're milking the railroad
           | companies for every dime they can squeeze, leaving them in
           | tatters from all the deferred maintenance and repairs. These
           | companies are responsible for moving massive amounts of cargo
           | around the country, and when they fall apart, it will be a
           | national crisis, and the federal government will have to step
           | in and bail the companies out because they're 'Too Big To
           | Fail.' And the PE firms that own trucking companies will see
           | record profits...
        
             | Obscurity4340 wrote:
             | I couldn't breathe reading this. I had no idea it was THIS
             | bad, these private equity firms need to be reined the hell
             | in if not eliminated and legislated against. Make them do
             | something useful to society or tell them to get bent
        
               | Akronymus wrote:
               | I am sure you heard of red lobster going bankrupt because
               | of endless shrimp.
               | 
               | Well, that wasnt actually the case but once again private
               | equity.
               | 
               | They forced red lobster to sell off their land/buildings
               | to a PE controlled entity. Which rented it back to them.
               | Also forced them to go to a specific, PE controlled, fish
               | seller.
               | 
               | In fact, they got forced into starting the endless shrimp
               | stuff because that seller had too much shrimp.
               | 
               | And for the privilege to be managed by them, the bought
               | companies get forced to take on the debt that PE took on
               | to buy them in the first place, along with paying an
               | outrageous amount of money every month.
               | 
               | And lets not even get into what they do to elderly
               | homes..
        
               | neom wrote:
               | Darden group sold Red Lobster to GGC because it was
               | massively underperforming in it's portfolio due to
               | mismanagement through the 90s. GGC wasn't able to make
               | much headway with it, and so it sold 25% to a vendor on
               | the supply chain as part of debt restructuring and
               | forgiveness, that allowed them to get some unit economics
               | back into reality and the owner of the supply chain
               | company took the rest of the position to continue the
               | work of re-building the supply chain. Should the PE firm
               | have involved the vendors in that way, maybe not, however
               | it seems it was a decent enough strategy in terms of
               | thoughtfulness.
               | 
               | Red Lobster had a death rattle long before PE got
               | involved, PE is just a convenient story.
        
               | ImPostingOnHN wrote:
               | McDonald's, a non-failing firm, not owned by PE, was once
               | described by a former CFO thusly: _" We are not
               | technically in the food business. We are in the real
               | estate business."_ They realised that owning the land
               | upon which their restaurants, allowed them to succeed.
               | 
               | Red Lobster's PE firm, on the other hand, did _the exact
               | opposite_ : sold the most valuable asset out from under
               | their restaraunts, to another PE firm, which then
               | squeezed the restaraunts on rent and ruined their store
               | economics (along with the aforementioned supplier further
               | ruining their unit economics) until they went out of
               | business.
        
               | neom wrote:
               | They're in Chapter 11, they're not out of business yet.
               | 
               | Why do you think that is what happened? It doesn't seem
               | to be in line with what GGC told their LPs, so I'm
               | curious where you get your interpretation of the events
               | from? Do you have any links or reading you could provide
               | me with?
        
               | ImPostingOnHN wrote:
               | _> Why do you think that is what happened?_
               | 
               | The reason I think that is what happened is because _that
               | is what happened_. Here are some links, as requested:
               | 
               |  _How a bad real estate deal sunk Red Lobster [0]_
               | 
               |  _When a private-equity firm bought the iconic seafood
               | chain in 2014, it sold the real estate under the
               | restaurants for $1.5 billion. Then the restaurants
               | struggled to pay the rents [1]_
               | 
               |  _It Was A Bad Real Estate Deal, Not A Bad Meal Deal That
               | Killed Red Lobster [2]_
               | 
               |  _Ultimate Endless Real Estate Costs at Red Lobster [3]_
               | 
               |  _Golden Gate crippled Red Lobster by selling off one of
               | its most valuable assets, the real estate it owned [4]_
               | 
               |  _To help fund the deal, Red Lobster spun off its real
               | estate assets in a transaction known as a sale leaseback
               | agreement. Red Lobster had long owned its own real estate
               | but would now be paying rent to lease its restaurants.
               | Sale leasebacks are very common in the restaurant
               | industry, but the arrangement wound up hurting Red
               | Lobster because it became stuck with leases it no longer
               | could afford to pay. [5]_
               | 
               |  _But again, it wasn't because of the shrimp. Following
               | the sale of Red Lobster to Golden Gate, the chain's real
               | estate assets were also sold off, which meant that the
               | restaurants now had to pay rent on these locations to
               | their parent company. As such, the company was stuck in
               | leases for underperforming restaurants that it couldn't
               | afford [6]_
               | 
               | 0: https://www.restaurantdive.com/news/bad-real-estate-
               | deal-sun...
               | 
               | 1: https://www.nbcnews.com/business/consumer/private-
               | equity-rol...
               | 
               | 2: https://finance.yahoo.com/news/bad-real-estate-deal-
               | not-1730...
               | 
               | 3: https://artofprocurement.com/supply/ultimate-endless-
               | real-es...
               | 
               | 4: https://prospect.org/economy/2024-05-22-raiding-red-
               | lobster/
               | 
               | 5: https://www.cnn.com/2024/05/03/food/red-lobster-
               | seafood-rest...
               | 
               | 6: https://www.eater.com/24160929/red-lobster-bankruptcy-
               | endles...
        
               | neom wrote:
               | The vendor wouldn't have been able to afford the price of
               | the business with the land in the deal, it would have
               | massively complicated chapter 11 if they needed to enter
               | it (they did), given were the company was, reducing tax
               | burden was important (sale was done at near breakeven).
               | Sale+Rent back is a very traditional move in clearing up
               | a business that has very little value and is leaning
               | heavily on a real estate portfolio (not it's core
               | business). You can read all the court filings and
               | disclosures over the years, it paints a different story.
               | 
               | I understand the media told a story, but the story isn't
               | the whole story, in fact it's just that: a story.
        
               | ImPostingOnHN wrote:
               | The 6 reliable sources provided, which I trust you read
               | in the 30 minutes between their posting and your reply,
               | speak for themselves.
               | 
               | If you can convince all 6 reliable sources I linked, to
               | correct their story, such that it reflects your own
               | personal narrative of what happened, I will believe you.
               | 
               | Alternatively, you could provide 6+ equally-reliable
               | sources which explicitly point out that the 6 reliable
               | sources I cited are wrong (rather than just reframing the
               | issue, or attempting to predict what _would have
               | happened_ had reality been different than what it was).
               | 
               | While I respect you as a person, and as a valuable
               | contributor to this forum, your personal narrative simply
               | isn't as reliable as the 6 reliable sources I provided.
        
               | neom wrote:
               | https://www.sec.gov/Archives/edgar/data/940944/0000940944
               | 140...
               | 
               | https://goldengatecap.com/vereit-announces-sale-
               | of-204-milli...
               | 
               | https://fortune.com/2014/06/30/why-private-equity-
               | investors-...
               | 
               | Darden had a very interesting pitch to GGC, going so far
               | as to secure covenants from franchisees holders in
               | advance to sale+leaseback - GGC in spite of S+LB,
               | obligations, the in fact bought millions more in real
               | estate to try and shore up the stability in locations.
               | 
               | Then here, you'll see it play out: https://bankruptcy-
               | proxy-api.dowjones.ai/cases/Florida_Middl...
               | 
               | Story is considerably more complicated than PE is evil.
        
               | ImPostingOnHN wrote:
               | It seems we're in violent agreement: The sources you
               | provided don't actually dispute the ones I did: indeed,
               | they confirm that the real estate was sold out from under
               | the restaurants. To further cement this point, your last
               | link flat out says what we're all already saying: Private
               | Equity can't/didn't save Red Lobster.
               | 
               | This action further distressed individual restaurants,
               | rather than helping them out.
               | 
               | Instead, the sources you provided instead simply say that
               | it was advantageous for Private Equity and the Private
               | Equity deal, which is the point here: it was good for PE,
               | bad for the individual restaurants.
               | 
               | Which makes sense, it's not a complicated concept: how
               | does jacking up rent on an individual restaurants help
               | it? It doesn't, as the sources I provided pointed out. If
               | you were paying X today, and now you have to pay >X, that
               | doesn't help you.
        
               | neom wrote:
               | Why was it worse for the restaurants than the
               | alternative?
               | 
               | Why was the rent increased, by how much, and by who??
               | What was the difference between the payments and how much
               | did it diff from market over time or at whatever time
               | you're talking about.
               | 
               | I'm an LP in GGC so I have lots of thoughts, happy to
               | hear yours in detail!
        
               | ImPostingOnHN wrote:
               | Was the rent increased? Yes.
               | 
               | By how much? By enough to hurt the restaraunts. I'd be
               | happy to hear from you the specifics of how much it was
               | increased, per-restaurant, if that's what you're
               | referring to.
               | 
               | Was it worse for the individual restaraunts than not
               | jacking up the rent? Yes, paying more is worse than
               | paying less.
               | 
               | Was it worse than not being bought out by PE? Probably,
               | but that's the sort of prophesizing about what would have
               | happened had reality been different, in which I'm not
               | interested in participating. What we _do_ know is that a
               | lot of value was extracted from Red Lobster into the
               | pockets of PE, leaving the company a withered husk of its
               | former self, a common PE playbook.
        
               | ghaff wrote:
               | A lot of the time, private equity (like MBAs etc.) is a
               | convenient bogeyman for why crappy underperforming
               | companies are crappy and underperforming. But private
               | equity often gets involved because they _are_ crappy and
               | underperforming (or are just in a line of business that
               | doesn 't have good prospects any longer).
        
               | mapt wrote:
               | A small fraction of the time, private equity is brought
               | in to make an ailing, breakeven business profitable.
               | 
               | Much more often, it's to bite off limbs until it dies,
               | feasting on cashflow and assets.
               | 
               | And then the third portion of the time, the business is
               | generating reliable, modest long-term returns, a "blue-
               | chip" company. Private equity doubles down on future
               | growth that is not projected, gets the company into debt
               | to the owners, makes it worthless, compensate themselves
               | in stock with bank leverage, issues themselves further
               | priority stock, files bankruptcy to get rid of the
               | pensions, and on, and on, and on with various tricks to
               | sack whatever assets the have on their books and whatever
               | cashflow was generating a reliable 5% return before
               | private equity got involved.
        
               | gamblor956 wrote:
               | That's a fair bit of revisionist history trying to make
               | PE look like it's not the bad guy.
               | 
               | Red Lobster was flourishing in the 1990s; it was one of
               | the most popular sit-down chains back then. There were
               | lines around the block at most locations.
               | 
               | In 2013, Darden Restaurants decided to spin-off Red
               | Lobster and Olive Garden by selling them to a PE firm
               | which coveted the ability to exploit these profitable
               | chains. (Average EPS was approximately $0.77/share, and
               | Red Lobster remained the countries' most popular seafood
               | chain until COVID.)
               | 
               | The sale to the PE firm GGC included a sale-leaseback of
               | all of Red Lobster's real estate. The purpose of this was
               | to fund the acquisition, since PE never puts its own
               | money down; it funds acquisitions with the assets of the
               | acquired company. Red Lobster's operating expenses jumped
               | more than 50% overnight, as it now had to pay rent on
               | locations it used to own.
               | 
               | Within 2 years, this PE-driven cash grab had Red Lobster
               | on the verge of bankruptcy. Selling Red Lobster to its
               | biggest supplier didn't fix things because the problem
               | was that PE had the bright idea to ruin the company
               | through the sale-leaseback arrangement.
               | 
               | PE was not just a convenient story, they are the cause
               | for Red Lobster's demise.
        
               | treis wrote:
               | It's all bullshit. Buffet bought BNSF but the rest of the
               | major railroads are publicly traded companies. And
               | Berkshire Hathaway isn't private equity either.
        
             | neom wrote:
             | What PE firm are you referring to when you talk about the
             | railroads and the Ohio incident?
        
             | mapt wrote:
             | I know a number of nursing homes had >50% mortality from
             | COVID, as there was not even a real attempt at isolation.
             | While visiting hours may have been restricted, we pretended
             | that nurses and staff (already scarce) were simply unable
             | to transmit COVID, taking them on and off premises on
             | regular shifts, and the result is hundreds of thousands of
             | people killed.
             | 
             | Murdered.
        
               | Der_Einzige wrote:
               | A lot of old people in red states straight up voted for
               | the day of the pillow and gleefully accepted it.
               | 
               | https://www.vice.com/en/article/texas-lt-governor-thinks-
               | old...
               | 
               | These comments from the lt governor and trump were
               | extremely popular with their base and with the population
               | of Texas.
               | 
               | What do you do when the people being murdered vote for
               | their own murder?
        
             | phatfish wrote:
             | Don't worry, this happens everywhere that caves to free
             | market ideologies. In the UK local government (tax payers)
             | get ripped off exactly the same for social care. Private
             | equity firms know the local government has a legal duty to
             | provide care for the elderly and those with chronic
             | conditions. So they can charge whatever they want.
             | 
             | Obviously the global investors have no problem morally with
             | this, they are more than arms reach away. It's an executive
             | in one of the companies they own that takes the heat for a
             | couple of weeks, and then it goes away (and the executive
             | gets their bonus for being the face of immorality).
             | 
             | If anyone wonders why public services are crippled, this is
             | the main reason.
        
         | jonathrg wrote:
         | Sorry for the annoying language comment: your issue was not
         | lack of scruples but presence of scruples.
        
           | steelframe wrote:
           | Not annoying at all. I'm more annoyed by people just letting
           | me keep making the same mistake without saying anything. In
           | fact when I first wrote that something in my brain said maybe
           | it wasn't right, so I looked up the word "scruples" and saw
           | the definition "motivation deriving logically from ethical or
           | moral principles that govern a person's thoughts and
           | actions." I thought maybe that it might be a valid
           | interpretation for the ethical or moral principles to be
           | flawed in that context. What I should have done was look up
           | examples of "lack of scruples" being used in sentences; that
           | would have made it clear that I wasn't using it right.
        
         | tgsovlerkhgsel wrote:
         | He's right, and I think we're seeing this done across the
         | industry (especially FAANG).
         | 
         | However, just because employees "have to take it" doesn't mean
         | that it's better for the company to have employees that
         | actively hate it and are just staying because of a lack of
         | alternatives. Especially in a field where work output and
         | especially quality is hard to measure, and the success of many
         | companies hinged on motivated employees...
        
           | zmgsabst wrote:
           | I always like analogies, eg:
           | 
           | Skimping on feed because the penned milk cattle have to take
           | it.
           | 
           | I would actually appreciate if our systems were coherently
           | sociopathic rather than chaotic due to individual personality
           | faults. At least then, conditions "on the farm" might make
           | sense rather than look like an expression of mental illness
           | and unchecked antipathy.
        
           | pjerem wrote:
           | The thing is that it's not that important if it hurts the
           | company long term. If the company is big enough, any of those
           | "managers" have plenty of time to make a great career there
           | for several years if not more.
           | 
           | imo, that's the issue when company's ownership gets so
           | diluted that nobody have personal interest anymore in the
           | company's long term viability.
           | 
           | Heck when your company is owned by private equity, even the
           | company itself becomes a line in some excel spreadsheet. And
           | you'd better not get that conditional formatting turn to red.
        
         | matwood wrote:
         | This has nothing to do with being a manager or not, it's just
         | that many people are jerks. I've seen non-managers do something
         | similar when they consider themselves hard to replace. It's
         | unfortunate this is where we have ended up as a society.
        
         | fergie wrote:
         | Ex-manager here as well. I have always been surprised at how
         | many managers will jump at the opportunity to put pressure on
         | employees, even when there is no real benefit to the manager
         | themselves or the organisation.
        
           | zhengyi13 wrote:
           | Normalize it now; take advantage of it later when there is
           | some sort of benefit, however short-term/sighted it may be.
        
         | dools wrote:
         | Early on in my career when I was first put into the position of
         | hiring both employees and contractors, a guy I was working with
         | said "We can ask him for a better price and promise to give him
         | a better deal on the next one", and I said "but we won't have
         | any more work after this one" and he said "yeah I know but we
         | can just tell him that to get a better price".
         | 
         | It was one of the first times I realised that people are
         | actively being jerks in business negotiations.
         | 
         | Another time was when I put my prices up to $160/hour from
         | $80/hour after I realised I wasn't making any money (in fact by
         | my calculations I was losing $3/hour for every hour my staff
         | worked).
         | 
         | I didn't lose a single customer. They all just said "oh, right,
         | well, okay when will you have it done?".
         | 
         | The same guys who had been crying poor a couple of months prior
         | about how they "just didn't have the budget" were now paying
         | double the rate and they could totally afford it.
         | 
         | People be jerks yo.
        
           | xivzgrev wrote:
           | Being a jerk extends all around.
           | 
           | As a manager I've had two employees tell HR that I was
           | racist. The evidence? One I fired for performance, the other
           | I had on a performance improvement plan. Mind you I had other
           | minorities on my team in parallel that had no performance
           | issues and strangely enough did not say I was a racist.
           | 
           | Also one time the HR guy (who also doubled as office manager)
           | ran a large scheme where he claimed employees were expensing
           | things, he did it on their behalf and got reimbursed. I found
           | this out after the fact where I was asked if I ever asked him
           | to order laptops or ran up huge Uber bills.
        
             | iforgotpassword wrote:
             | No idea why you're being down voted. I've had the very same
             | experience once. Employee just sucked, after some nudges
             | that went either ignored or just unnoticed I gave a very
             | clear speech on where they're standing. Three months later
             | I got him fired. He went to HR and claimed I was racist,
             | and threatened with a lawyer. This really stressed me out
             | for a good while, this was dragging along for weeks, with
             | ugly mails and calls.
        
               | mulmen wrote:
               | The details _really_ matter here.
               | 
               | I won't assume you or GP were racially motivated but
               | "just sucks" can easily be code for "wrong race/culture".
               | 
               | "Some nudges" is a red flag to me, regardless of race.
               | You think you communicated a message but aren't sure if
               | it was understood. That's your responsibility as the
               | messenger, not theirs as the unknowing recipient.
        
             | mulmen wrote:
             | In my experience "performance" is code for "I don't like
             | you". I have never seen a performance metric that isn't
             | arbitrary and inconsistent. Not just between peers but day
             | to day for an individual.
             | 
             | PIPs are just CYA for HR.
             | 
             | I can't speak to these specific situations because I wasn't
             | there but when managers speak about "performance" they're
             | using a euphemism for their perception. This can easily
             | feel like racism because it comes from a place of
             | discrimination.
             | 
             | "I have friends who are x" is a common refrain of racists
             | so isn't a defense, especially in an asymmetric power
             | structure. Maybe you aren't, or maybe your employees feel
             | you are but they tolerate it to keep their jobs.
        
               | runsWphotons wrote:
               | In your experience what are legitimate grounds to fire
               | someone?
        
               | mulmen wrote:
               | Theft and fraud.
        
               | vitaflo wrote:
               | If you're bad enough at your job to get fired you
               | basically are a fraud.
        
               | mulmen wrote:
               | Is it your assertion that power asymmetry,
               | discrimination, and retaliation do not exist?
        
               | nine_zeros wrote:
               | > If you're bad enough at your job to get fired you
               | basically are a fraud.
               | 
               | Depends on who thinks you are bad enough and how they
               | came to the conclusion.
               | 
               | If your boss thinks you are bad enough - the question is
               | why do they think so? Is it laziness, incompetence, or
               | merely small nonsense that the boss couldn't accept
               | retroactively? Is this all via stack rank or fake BS
               | quotas? What is it?
        
             | Drakim wrote:
             | It does indeed extend all around, and I'm sorry you had to
             | go though that. But you have to keep in mind that there is
             | an extreme power imbalance between an employee and a
             | manager who can have them fired, which means the jerk-
             | factor is very much slanted heavily in one direction. For
             | regular employees having those above you abuse their power
             | over you in various ways is often a daily occurrence.
        
           | takinola wrote:
           | Context matters. When I walk into a high-end store and see a
           | shirt on sale for $X, I assume that I need to pay $X to get
           | the shirt. If I see a shirt at a flea-market priced at $Y, I
           | assume I can get the shirt for some percentage off by just
           | bargaining. The sellers are also aware of this context and,
           | presumably, set their prices accordingly. The same thing
           | regularly happens in business. For most services, people
           | understand that pricing is not fixed and act accordingly.
           | They are not (necessarily) jerks, they are just reacting to
           | the context they are operating in.
        
             | Suppafly wrote:
             | >They are not (necessarily) jerks, they are just reacting
             | to the context they are operating in.
             | 
             | That's a good point and honestly is often caused by the
             | seller in the first place. A lot of tools used by
             | businesses are intentionally not priced or priced on a
             | floating scale so that the sales team has an opportunity to
             | introduce fake discounts to make the sale, but ultimately
             | this signals to the buyer that negotiation is part of the
             | transaction. Almost all enterprise software and hardware
             | sales work like that. Often the buyer would rather have a
             | set price upfront than how to deal with the haggling
             | process but it's the sellers that are creating this
             | problem.
        
         | fullshark wrote:
         | Yeah i got a peek at how the sausage gets made at the higher
         | levels and I decided I needed to keep my HH costs down and
         | reach FI(maybe)RE asap. Until that happened I was ultimately a
         | wage slave, and that's how they wanted it, with a gun to my
         | head in the form of rent/mortgage/kids's schooling whatever
         | keeping me desperate to perform for them.
        
         | eric_cc wrote:
         | > turn the screws on our employees
         | 
         | This is gross..
         | 
         | > I also started looking into every legal protection I had
         | available to me in my jurisdiction.
         | 
         | But so is this. I'd rather quit some crappy place than rely on
         | legal protections.
        
         | geoelectric wrote:
         | I had a manager relate to me overhearing almost that exact
         | comment made in a manager meeting at a mid-size corp I worked
         | for in 2008. He left in part because of that attitude, and I
         | ultimately did too. It's egregiously abusive.
        
         | kalyantm wrote:
         | You pretty much summed up managers that have most of their
         | employees on H1-B in the US. I know multiple managers that
         | offload most of the work to the Asian immigrants on the H1-B
         | visa, have them work 10+ hours a day and know that they can get
         | them to do anything they want, because if they don't, they are
         | scared that they can get fired and have to leave the country. I
         | know multiple friends who silently work on weekends to
         | potentially avoid being fired and leave the country!
        
       | jay_kyburz wrote:
       | I'm an Australian and I'm really surprised this law is needed. I
       | would be very surprised to hear somebody was fired for ignoring
       | email after hours.
        
         | 2muchcoffeeman wrote:
         | I'm in Australia too. I've never been at a company that
         | dysfunctional either.
         | 
         | But there's always some manager that's not reasonable. This is
         | just a formality that puts what most reasonable people already
         | do into writing.
        
       | ghiculescu wrote:
       | Lots of people missing nuance or seeing this rule change say what
       | they want it to say, rather than what it actually says.
       | 
       | Employers are still allowed to contact employees anytime.
       | 
       | Previously you could theoretically be terminated for not reading
       | or replying to messages from your employer outside hours. Now
       | there are restrictions on that. That's all that's changed.
        
         | sumedh wrote:
         | "Previously you could theoretically be terminated for not
         | reading or replying to messages from your employer outside
         | hours. Now there are restrictions on that. "
         | 
         | Now you will be terminated for "some other" reason.
        
           | tialaramex wrote:
           | Previously, when you show to a tribunal or whatever
           | institution that they fired you for not working out of hours
           | despite insisting it was some vague "job performance" reason,
           | the tribunal says well, that's technically legal anyway, it's
           | just rude, so too bad.
           | 
           | Now, it's illegal. So "some other reason" has to be
           | watertight. If in the process of concocting a "some other
           | reason" you trip another law, you don't get a Do Over because
           | you were trying to break a different law, instead you have
           | _more_ trouble.
        
       | ludston wrote:
       | My personal experience is that Australia doesn't have a huge
       | problem with this generally. But mileage may vary. If it were a
       | huge problem then vested interests would lobby fiercely against
       | the law, and it seemed to pass without much challenge or comment
       | from the public here.
       | 
       | This law might seem like a big deal if you're working in a place
       | without labour protection laws, and therefore you're used to
       | constant abuse from management and live in permanent anxiety of
       | some petty retaliation. But here it really ought to just be a
       | formalisation of normality unless you're working with
       | particularly poor managers.
        
         | tagh wrote:
         | I also personally haven't had issues with this in Australia,
         | but have seen it happen to friends who work in legal (many
         | times).
        
         | scorpioxy wrote:
         | This hasn't been my experience in Australia. I don't believe
         | this law will make a difference at all either. The reason is
         | that if you refuse to do it, then this will come up during
         | performance reviews as something else. "More responsive" or
         | "available for your teammates" or "more of a team player" etc.
         | Of course the manager won't be asking you in any direct way or
         | in written form to be available outside working hours. The
         | incentive system will just be changed to make it your choice to
         | do so.
         | 
         | Conducting interviews over the last year or so had people
         | telling me of their stories. The labor protection laws didn't
         | seem effective except for clear cut cases and even then you'd
         | probably just get a bit of money and you would've ruined your
         | reputation of getting hired ever again because you're a trouble
         | maker.
        
           | ludston wrote:
           | The law won't make a difference for us, but it will probably
           | make a difference to the super-market employees being phoned
           | at 6am and asked to take on an extra shift today.
        
             | paranoidrobot wrote:
             | Being called to change/schedule shifts is one of the things
             | that I saw in news reports that it's explicitly permitted.
        
             | I-M-S wrote:
             | > To cater for emergencies and _jobs with irregular hours_
             | , the rule still allows employers to contact their workers
             | 
             | Doesn't seems it will make a difference for them either
             | unfortunately
        
         | paranoidrobot wrote:
         | My personal experience differs quite significantly.
         | 
         | I burnt out severely at two different companies.
         | 
         | Both issues were directly attributable to management failing to
         | acknowledge or deal with systemic issues, which resulted in
         | huge amounts of overtime and callouts. All with zero
         | compensation, because I was a salaried employee.
         | 
         | One company had a problem with continuing to promise the world
         | to clients, but not setting realistic timelines. When,
         | inevitably, the goal posts were shifted, timelines were not
         | updated to recognise the issue. There was never an explicit
         | "You must work longer hours to finish this", it was "The client
         | expects this to be done by this date.". There was also pressure
         | that if I didn't work more to finish things, that it would fall
         | upon some other member of the team who was also known to be
         | burnt out.
         | 
         | Another company refused to require teams to conduct any form of
         | peer reviews, testing or take on responsibility for monitoring
         | or resolving issues.
         | 
         | Regularly people would commit code and push changes to
         | production, and then walk out the door to go home. When that
         | caught on fire, I'd be required to remote in and resolve
         | whatever issue they had caused. Typically this happened right
         | as I was getting home and trying to eat dinner.
         | 
         | I'm not certain if this law would've helped me in these cases.
         | I like to think it would, but I'm usually not one to make waves
         | until things start to get overwhelming. But it might give
         | others some ammunition for dealing with management and HR.
        
       | nine_zeros wrote:
       | I think a much favorable law should be that employers must
       | automatically log after hours overtime and pay for such overtime
       | for ALL employees besides the C-Suite.
       | 
       | Aka, any communication sent to employees MUST be billed to the
       | company. The company can figure out if they want to pay ALL
       | employees overtime pay or shut down their communication systems
       | after 5 pm.
        
       | frays wrote:
       | Interesting to see the US perspective on this.
        
       | paradox242 wrote:
       | I already do this in the US.
        
       | kyriakos wrote:
       | If an employee doesn't respond outside working hours can't he be
       | penalised in a different way or miss out in promotions if other
       | employees do? Clearly this law is a good thing but i find it hard
       | to see how it can be enforced.
        
       | Apocryphon wrote:
       | Between this and the New Zealand government's ruling on Uber,
       | seems like ANZAC countries still maintain worker's rights.
        
       | sailfast wrote:
       | How on earth would one even begin to enforce reverting the
       | dismissal of an employee "because they didn't answer their phone
       | after hours"?
       | 
       | "Employee was dismissed due to poor performance." "Employee was
       | dismissed because they were not delivering enough value compared
       | to their peers..."
       | 
       | These ideas and protections are great in theory, but very hard to
       | manage in practice, and I'd imagine it gets tested on the first
       | serious appeal.
        
         | Yodel0914 wrote:
         | The same way any other labour protection laws are enforced?
        
       | anewguy9000 wrote:
       | do they have the right to employment??
        
         | stephen_g wrote:
         | Please define 'right to employment', I think that has a special
         | meaning in the US that isn't really a thing elsewhere?
        
       | crossroadsguy wrote:
       | In 2024 it hurts really bad to read all such great news from
       | other nations while sitting in India where industry leaders,
       | startup founders, and politicians are actively trying to impose
       | things like 70 hour work week or so and take away whatever labour
       | protections (which is very little and mostly ineffective and
       | practically none if you are in "corporate") we have and even
       | encroach upon the Sundays and Saturdays (the latter being working
       | for most of the Indian workers anyway).
        
         | abhinai wrote:
         | Oh you're same guy from another thread. You seem like you're on
         | some kind of a mission here. My experience was 100% different
         | than you. You seem to be generalizing from a small sample and
         | paint an entire country with that baseless generalization.
        
           | crossroadsguy wrote:
           | Why would you go this length and do this witch hunting? Do
           | you have some issue in reading other people's views? I have
           | commented this same view twice in different context and you
           | consider that a "mission"? This is a behaviour I have seen so
           | widespread here that it seems like a trend. In fact it's a
           | thing! Go asking on r/india and see how that is. Now that
           | would also be a very small set for you, isn't it? Well, that
           | is definitely orders of magnitude higher than hn when it
           | comes to this particular country. So get a feel there maybe?
           | 
           | Well, what is your mission? Since I mentioned my country's
           | name (which I guess could be yours as well but I am not sure)
           | is this somehow become a "prestige" issue for you?
           | 
           | I don't know whether a tag works here, but @dang is this kind
           | of witch-hunting or attack acceptable here? Or is it rather
           | kosher?
        
       | zombiwoof wrote:
       | Eric Schmidt : hold my beer
        
       | BLKNSLVR wrote:
       | As an unambitious fellow happy to grind away at the bottom of the
       | ladder, this is how I've conducted myself most of my career. My
       | brief forays into management have generally impacted my work-life
       | balance too far the wrong way, and correcting said balance ran
       | into incompatibilities with expectations (not in performance mind
       | you, just in the ambiguous and subjective 'that which is required
       | of leadership').
       | 
       | Y'all can have it.
        
       | red_admiral wrote:
       | I like the Swiss implementation of this. A manager _can_ contact
       | an employee on a Sunday, but then the employee is immediately on
       | weekend-rate overtime even if they just got an email with "deal
       | with this next week". So, many companies have systems that hold
       | back e-mail sent outside of working hours until the next working
       | day unless specially authorised and costed.
       | 
       | Never underestimate an economics-based solution to a legal
       | problem, a.k.a. "if you really want to ban it, tax it".
        
         | KoolKat23 wrote:
         | I'd rather not work on the weekend, even for an overtime rate.
         | Thanks.
        
           | silisili wrote:
           | That's the benefit of working on a small team/startup.
           | Whoever smelt it dealt it kind of situation. Basically, at
           | first at least, whoever's application is erroring is getting
           | a call when it breaks.
           | 
           | It sounds bad, but it encourages everyone to write more fault
           | tolerant code. Way moreso then a random bigcorp with an on
           | call team.
        
             | grecy wrote:
             | I used to get called all the time because our in house
             | infrastructure would fall over, and my apps would crash. It
             | didn't matter how many times I explained my apps couldn't
             | run without good infra, and that I wasn't on that team, and
             | that I had no access or authority to do anything... when my
             | apps when down I got called.
             | 
             | So actually, I really don't like your idea.
        
               | majewsky wrote:
               | Or, to be more specific, you don't like your company's
               | implementation of their idea.
               | 
               | We have the same setup in my org, but we get to define
               | alerts ourselves. All our own alerts are built so that
               | they don't go off if the underlying infra is borked, and
               | only if there's something we can actually do on our
               | level. We are being kept honest because there is a big
               | kerfuffle when an incident is reported by customers first
               | (instead of alerting).
        
               | potamic wrote:
               | What metrics do you alert on? How do you distinguish
               | between error due to faulty database client vs error due
               | to database disk failure?
        
               | dullcrisp wrote:
               | Define SLOs based on what can realistically be achieved
               | with underlying infrastructure, only alert if those SLOs
               | are breached?
        
               | majewsky wrote:
               | Taking my managed container image registry service as an
               | example.
               | 
               | - The only critical alert that can actually page people
               | is if the blackbox test fails. Every 30 seconds, it
               | downloads a test image and if the contents don't match
               | the expectation, an alert is raised (with some delay).
               | 
               | - Warning alerts are mostly for any errors being returned
               | from background tasks, but these are only monitored
               | during business hours.
        
               | perfect_wave wrote:
               | i dont see how that is separated from the underlying
               | infra. If the network/server/some dependency goes down,
               | the blackbox test will fail and you'll get paged.
        
               | silisili wrote:
               | You can test for this. For example, we had routines that
               | were called on repeated HTTP failures that would then get
               | 5 or so of the top US websites. If those fail too, it
               | moves from an application error to an infra one.
        
               | sgarland wrote:
               | If your endpoint is failing, it might be you. If
               | everyone's endpoint is failing, it's almost certainly not
               | you.
        
               | latexr wrote:
               | Pretty sure your parent poster meant a small _overall_
               | team. As in, the company is small enough that everyone
               | knows who everyone else is and there's little to no
               | bureaucracy to reach the right person.
               | 
               | Doesn't seem like your case at all.
        
             | watwut wrote:
             | Unless of course the "guilty" is not immediately apparent.
             | 
             | If it happens frequently, the guilty is the process, team
             | lead or whoever runs the things.
        
             | aqme28 wrote:
             | This is how you end up in situations where no one wants to
             | work on the team that actually needs the most help
        
             | teeray wrote:
             | > Whoever smelt it dealt it
             | 
             | Until whoever dealt it just leaves the team. Then it's
             | everyone's problem.
        
             | amrocha wrote:
             | I joined a startup a couple years ago, and got handed a
             | poisoned chalice.
             | 
             | It was a project that was critical to the company, but that
             | was not very reliable, and broke overnight very often,
             | sometimes 3-4 days per week.
             | 
             | I was the 4th dev on it. Everyone else who worked on it
             | before had burned out and quit. The dev before me couldn't
             | tough it out another 2 weeks and quit before i joined.
             | 
             | Eventually I burned out after a year and quit too. All this
             | to say, that's great when it works, but when it goes bad
             | it's real bad hahaha.
        
             | Flop7331 wrote:
             | There's also the call you get when the founder breaks
             | something and blames the person who touched it before them.
        
           | dukeyukey wrote:
           | That's fine, but I'd be willing to. Always a chance I'm I'm
           | far from a laptop or even signal, but if I'm having a quiet
           | weekend and something comes up, some overtime sounds great.
        
             | KoolKat23 wrote:
             | I understand. Problem is this kind of thing is a race to
             | the bottom.
             | 
             | Because of the silly ways humans work (mostly due to
             | imperfect information), I'd feel obliged and will agree to
             | it, despite not wanting to (concerns I will automatically
             | be perceived as a lesser employee).
             | 
             | And then we're all working weekends.
        
               | dukeyukey wrote:
               | This is one of those things that I can see happening, but
               | also has never happened anywhere I've worked.
        
               | Xylakant wrote:
               | A sufficiently large overtime/weekend bonus will prevent
               | that easily. I've had quite a few conversations both
               | internally and with customers that started with "we need
               | that by monday" and went via "we can do that, but it will
               | cost X extra" to "well, i guess wednesday is fine, too."
               | Mandatory weekend work is an extremely rare occurence
               | here, I can count all occurences in the last five years
               | on one hand and still have fingers to spare.
        
               | KoolKat23 wrote:
               | It tends to be an issue with more "vulnerable" workers,
               | ones with less leverage. Shift work, nurses and
               | hospitality. Margins are ample to cover low wages.
        
               | Xylakant wrote:
               | That's true, but that's always true - people with less
               | bargaining power will always have a harder time. Nurses
               | (and other care workers) also suffer from the effect that
               | the people that suffer most from a hard stance on work
               | time are their wards and not their bosses.
        
               | latexr wrote:
               | There's a relevant quote attributed to Bob Carter:
               | 
               | > Poor planning on your part does not necessitate an
               | emergency on mine
               | 
               | Instead of going into an immediate frenzied panic when
               | someone says they need something _now_ , stop and ponder
               | for a minute how it will impact you and them. Only then
               | make a decision.
               | 
               | I remember a friend who was asked for something urgent
               | from a client. They rushed to do it to their own personal
               | detriment and uploaded the result. About a week later,
               | they could see the file had never been downloaded. Turns
               | out the matter wasn't _that_ urgent and the client had
               | other priorities. My friend was understandably upset, but
               | it was a valuable lesson.
        
               | Xylakant wrote:
               | I'll steal that quote :)
               | 
               | The advantage of framing it in monetary terms is that
               | clients are very used to thinking in monetary terms. It's
               | not a "no, we won't do that", but a "yes with a cost"
               | that they'll very likely reject on their own terms. And
               | it clearly leaves the door open for something that is
               | really really urgent - be it a genuine emergency or just
               | the result of poor planning.
        
           | prmoustache wrote:
           | Law again takes care of that, because the right to rest also
           | exist. So if you are asked to work 1h during the weekend, you
           | usually gain 2.5 to 3 hours of rest in exchange.
        
         | Propelloni wrote:
         | Does the manager also get weekend-rate overtime if she sends
         | out e-mails on the weekend? I mean, she _is_ working! Sounds
         | like an incentive mismatch here. Or is this just a protection
         | of workers on a tariff and does not cover "exempt" employees,
         | ie. most IT people.
        
           | tgsovlerkhgsel wrote:
           | Weekend work etc. needs to be approved by a person's manager,
           | so weekend-work without approval would in practice not be
           | compensated (it's possible that technically they should
           | compensate it then fire you for insubordination).
           | 
           | The hurdles for "exempt" are way higher than in the US.
           | 
           | I doubt it is actually done much in practice, although an
           | employee who wants to be left alone on the weekend certainly
           | could. I would also expect that guidance of "don't read your
           | e-mail outside of working hours" would be sufficient to be
           | able to send e-mail to employees at any day or hour without
           | triggering overtime etc.
        
             | technothrasher wrote:
             | > I would also expect that guidance of "don't read your
             | e-mail outside of working hours" would be sufficient to be
             | able to send e-mail to employees at any day or hour
             | 
             | I sometimes want to send my employees emails over the
             | weekend as I think of something and don't want to forget.
             | But there are certain employees that I know will
             | immediately act on the email, which I actually don't want.
             | So I end up emailing myself and then forwarding them the
             | email on Monday morning.
        
               | IanCal wrote:
               | Does your client not support delaying emails? Gmail has
               | schedule send for example.
        
               | latexr wrote:
               | > So I end up emailing myself and then forwarding them
               | the email on Monday morning.
               | 
               | Certain clients (like Apple's email app) allow you to
               | schedule emails to be automatically sent at a later date.
        
               | mrguyorama wrote:
               | > I think of something and don't want to forget.
               | 
               | This is a you problem. Fix the forgetting part, you are
               | management that's literally your job. Leave a post it
               | somewhere, start keeping a checklist, whatever.
               | 
               | Stop making it your employees' problem.
        
           | graphenus wrote:
           | Upper management does not need to log working hours and can
           | work unpaid overtime. So, they can easily exchange emails on
           | weekends. But when they involve a regular employee, who has
           | to reach working hours, then it's overtime.
        
         | jajko wrote:
         | Even that is not out-of-blue call to devs, rather just PROD
         | support guys if some massive issue happens suddenly.
         | 
         | I live and work here 14 years, 2 companies, and never had to
         | pick up phone I didn't want to pick up, or react anyhow. Even
         | if for some reason they would expect to - 'sorry hiking in the
         | mountains, 5h from computer' and they know it. But since
         | everybody is in same mode, there is nobody to call me. Our Pune
         | colleagues on the other hand, I see them working regularly long
         | weekend hours on top of long week days during crunch time.
        
         | amelius wrote:
         | But employers will strike back with a law: if you read HN
         | during work hours, your rate will be halved.
        
           | oezi wrote:
           | Surveillance of employees is obviously banned anyway.
        
           | duckmysick wrote:
           | No need to speculate, we can check if such situation indeed
           | takes place in Switzerland.
        
         | skizm wrote:
         | Is everything hourly there? Would this work with salaried
         | employees that don't log hours? Or maybe everyone does? A
         | running joke in my first company out of school was "can't wait
         | to see that overtime check!" whenever we saw someone working
         | after 5. The implication is no one ever gets overtime as a
         | salaried employee.
        
           | amonith wrote:
           | I don't think true US-like "salaried contracts" exist at all
           | in EU. Speaking as a Polish contractor. There might be fixed-
           | price short-term project-based contracts but it has nothing
           | to do with employment and definitely it's not a
           | monthly/yearly thing without any hour limit. At best you have
           | something like "minimum X hours per week" but there's always
           | "up to Y" and while those hours are technically "preordered"
           | upfront, you are supposed to log them.
           | 
           | That being said lots of people still do unpaid overtime, but
           | only because they're afraid about losing the job / care too
           | much. Not because they actually legally have to. There are
           | legal means to defend yourself from that.
        
             | rolandog wrote:
             | Heh. At a $SOME_PREVIOUS_EMPLOYER, they literally disabled
             | the option to log overtime in the portal, because workers
             | were "getting confused", and the official policy was "no
             | overtime".
        
           | semanticist wrote:
           | Even 'salaried' in the UK means a contract that has a
           | specified number of hours in it. In theory if you work more
           | than that you should be getting either overtime or time in
           | lieu, but in practice that might not always happen depending
           | on your role in the company and the type of company.
           | 
           | I don't get overtime, but I do get time in lieu - I did about
           | four hours extra the week before last doing set up for one of
           | our busiest days of the year, and I'm taking Thursday
           | afternoon off to make it up.
           | 
           | Things like 60 hour work weeks also aren't even legal without
           | signing away your EU Working Time Directive
           | (https://en.wikipedia.org/wiki/Working_Time_Directive_2003)
           | rights (which isn't even an option in every EU country). I
           | don't _think_ the post-brexit legislation did away with that,
           | but it wouldn't surprise me.
        
           | makeitdouble wrote:
           | This is probably closer to the billing of on call staff than
           | just "overtime".
           | 
           | For instance when getting an alert on PagerDuty in the middle
           | of the night, you might get paid by 30 min increments while
           | dealing with the emergency, even if your regular pay is by
           | the day.
        
           | Suppafly wrote:
           | >The implication is no one ever gets overtime as a salaried
           | employee.
           | 
           | The flipside is that no one ever gets paid less as a salaried
           | employee either, but most employees are too afraid of getting
           | fired to remember that part. Any day that you work any
           | portion, you get paid for the full day.
        
         | eric_cc wrote:
         | Overtime rates are not worth being interrupted during time off.
         | I'd rather lose out on money and have my precious time.
        
       | 2-3-7-43-1807 wrote:
       | I thought that's normal? I switch off my work phone and laptop
       | and then I do not even know if I get any mails ... is this only a
       | thing in Germany?
        
         | lnsru wrote:
         | Some people work on weekends even in Germany. Saturday is
         | normal workday according German law. It's more or less personal
         | preference. At least one has a choice.
        
           | 2-3-7-43-1807 wrote:
           | some people work at night and on sunday ... i didn't know
           | that means i'm not allowed to sleep. thanks for letting me
           | know.
        
             | lnsru wrote:
             | You're welcome! You should read your work contract and/or
             | Betriebsvereinbarung regarding work on weekends. It's
             | clearly defined.
        
               | 2-3-7-43-1807 wrote:
               | I have a Betriebsvereinbarung with your [insert female
               | family member of your choice] for this weekend.
        
       | tuggi wrote:
       | http://archive.today/jv4nz
        
       | nicbou wrote:
       | This is already the case in Germany. It also applies to vacation
       | and sick days. Above all, it's deeply ingrained in German
       | culture, so that no one expects to reach you outside of your
       | working hours.
       | 
       | I help people settle in Germany, and it's one of the main
       | cultural aspects I cover. The other is how normal it is to take
       | sick days.
        
         | Aachen wrote:
         | Netherlands also
         | 
         | The only people that I see working 24/7 are those who run their
         | own business, which made sense to me because everyone else has
         | a contract that stipulates the obligations of both sides.
         | Unless that doc says that you're expected to work outside of
         | work hours (which sounds self-contradictory), that's not part
         | of the agreement. I'm surprised Australia needed a law for that
        
           | nicbou wrote:
           | The culture extends to self-employed people to an extent, but
           | it can be hard to set boundaries for yourself when you are
           | building your own thing.
           | 
           | I've been in business for 7 years and fully self-employed for
           | 4 years. Last week was my very first vacation without my
           | laptop.
        
         | ryan69howard wrote:
         | Result: complete loss of freedom to have flexible working hours
         | and use the company office space
        
           | lljk_kennedy wrote:
           | I don't think that's true. I'm in EU and I've allowed
           | engineers to shift their working hours based on personal
           | circumstances - like start remotely at 7am and finish at 3PM.
           | I also encourage engineers to take the time they need for
           | life stuff - kids school run, doctor, physio, sick aunt,
           | whatever - because ultimately we measure the outcome of their
           | work, and not the sum of hours worked.
           | 
           | For the office space - do you mean popping into the office at
           | odd hours, like evenings or weekends? I'd probably be
           | encouraging my engineers to talk to me about why they need to
           | do it and not enjoy their non-working hours. If the work is
           | too much, we solve for that. If they're going all in on
           | something they love, I'll want to make sure they're not on a
           | path to maybe burning-out.
           | 
           | Everything in context.
        
       | ralferoo wrote:
       | I feel bad for people in this situation, but at the same time I
       | think it's kind of strange to allow yourself to be in this
       | situation. Personally, I maintain a very strict separation
       | between work devices and personal. Work email, slack, and
       | whatever else I need for work lives on my work devices only.
       | Personal email, whatsapp, etc live on my personal devices only.
       | Most of the companies I've worked at add a remote wipe
       | functionality to the phone, and even though I understand the
       | business case for this and I've never heard of it being misused,
       | that's not something I want on _my_ _personal_ devices.
       | 
       | I usually only have a couple of exceptions to this policy - I
       | usually have my personal gmail logged in at work, and
       | occasionally for very specific reasons, I might temporarily
       | install "work" apps on my personal phone, for instance when I
       | want to leave work early to catch a train, but need to be in a
       | work meeting later in the day, or to stay in contact with
       | colleagues when out at a conference, etc. These apps get removed
       | again when I no longer need them.
       | 
       | When I leave work, the work devices get switched off. In most
       | cases, I leave the work devices at work, including laptops and
       | phones, assuming I have somewhere secure to leave them at work.
       | Almost every company I've worked at, I've had a lockable chest of
       | drawers, so I just put things in there. In the ones without, the
       | laptop stays on the desk plugged in, and I might take the phone
       | home even though it's switched off.
       | 
       | I've almost never been asked why I haven't seen or replied to an
       | out-of-hours communication. On those few occasions, I've just
       | said "All my work devices were switched off for the weekend" and
       | there's been nothing further said. In the very few cases where I
       | was expected to be on call, it was previously agreed and so I
       | took the necessary devices home.
       | 
       | Obviously, things changed a lot with the shift to remote working
       | during and after COVID, but I still maintained the same
       | boundaries. Even now I have my own company, I have separate
       | computer, desks and even chairs for work and personal use. Slack
       | and work related e-mail is only on the work devices. If I want to
       | do some work over the weekend (which feels acceptable now it's
       | for my benefit), I physically sit in a different half of the
       | office to do that.
        
         | Draiken wrote:
         | I don't think it's always an explicit choice. I joined a
         | company and despite asking many questions to try and avoid
         | weird policies that could affect work-life balance, after
         | joining I discovered they had certain types of code that had to
         | be shipped outside of their client's business hours. Due to
         | timezone differences, that meant extremely early or late hours
         | for me.
         | 
         | I like the company but absolutely hate this. However I can't
         | just leave because of this. Even if I wanted to, finding a new
         | job is not an easy task and it's exhausting.
         | 
         | This is why laws are important. You don't have to figure this
         | out for every company you interview. If they do it, it's
         | illegal. You can change your default to a reasonable
         | expectation.
        
           | ralferoo wrote:
           | > that meant extremely early or late hours for me.
           | 
           | Especially if you had asked deliberate questions to establish
           | work-life-balance and they'd withheld this, I personally
           | wouldn't have just agreed to doing it without discussion of
           | extra remuneration. Despite it clearly being a big deal for
           | you, if you don't provide at least some pushback, it won't
           | even be on their radar as an issue that's causing you pain.
           | 
           | Maybe if it's very occasional, say once a month, it's not too
           | bad to do it. If it's every week, it'll significantly impact
           | your life. If it's every day, or worse several times per week
           | but unpredictable, then your life is being severely disrupted
           | without compensation of that fact.
           | 
           | I remember once, a company ordered us all to work a month of
           | 12-hour days (which itself is a symptom of bad project
           | management, but that's a different discussion). At the
           | meeting when we were told this, lots of people who were
           | worried about losing their jobs just looked unhappy but said
           | nothing. I knew I could find another job easily enough, so I
           | brought up overtime pay. The company _really_ didn 't like it
           | - and in fact threatened me later, but there was nothing they
           | could really do, as they weren't in a position to let people
           | go. The manager's reply was that they didn't want to pay
           | overtime because they were worried that people would game it
           | for extra money. I very firmly told them in this meeting
           | (this was still the same meeting) that people didn't actually
           | want to be there any longer than necessary - they wanted to
           | go home to their wives and kids, and fortunately a few of the
           | previously silent people added things like "my wife always
           | complains whenever I have to do overtime". The outcome was
           | that we had another meeting the next day where we were told
           | that the overtime was voluntary and we'd be paid our normal
           | salary. Nobody volunteered. The day after, the offer was
           | increased to 1.5x salary. A couple of people volunteered.
           | Even at the final overtime rate of 2x salary, there were
           | still a few people who said that their personal time with the
           | family was more important than the extra money. The company
           | _finally_ understood that people 's time is precious.
           | 
           | In your case, I would simply start a discussion about sharing
           | the responsibility for the out of hours work. Say you can
           | provide detailed instructions, and be available by phone for
           | the first couple of times to provide _verbal_ help if they
           | have any difficulties. At first, they might try to unload it
           | onto someone else who doesn 't complain, but you should still
           | push for it to be shared across the wider team, maybe on a
           | rota if it's _really_ essential and with a bonus each time.
           | You might find you have someone who needs the money and
           | volunteers to do extra. And if the managers themselves ever
           | find themselves having to do the process, you can be sure
           | they will hate it, and very quickly find a way of getting the
           | work done at another time in the week instead.
           | 
           | Sometimes, you can rationalise it as part of the nature of
           | the job. My last two jobs have been UK based but working with
           | US teams, but even just working a time-shifted day of
           | 10am-6:30pm still causes me to have to turn down lots of
           | evening events with friends because I simply cannot get there
           | in time for a 7pm start. I really hate this aspect of the
           | job, but in this case I knew the situation coming into it,
           | and my daily rate is high enough that I consider it to be
           | worth it.
           | 
           | > Even if I wanted to, finding a new job is not an easy task
           | and it's exhausting.
           | 
           | I know it's always easy to say, but you don't have to do
           | anything you think is unreasonable. There may be
           | repercussions to that, and I can understand the fear many
           | people have for losing their job, but silently putting up
           | with things that cause you stress or pain just means that the
           | situation never gets addressed.
           | 
           | For most people, I'd suggest the single best thing you can
           | possibly do in your life is to save enough money for a 3-6
           | month emergency buffer, so if you were to lose your job it's
           | not such a big deal, as long as you can find another job in
           | that timeframe. While this advice is typically given for
           | unexpected layoffs, or dealing with house or car emergencies
           | (all of which are great reasons in their own right), it has
           | the side benefit that you can start to loosen the hold that
           | your job has over your life - you can start to push back on
           | the work-life balance, because the consequences of losing
           | your job are so much less important.
        
             | Draiken wrote:
             | I pretty much agree with everything you said, but I still
             | feel like your take is a bit too absolutist. If you're not
             | afraid of losing your job, all of these are 100% accurate.
             | But if you are, some of this advice can get you fired.
             | 
             | In my personal situation I did pretty much what you said. I
             | brought it up and I'm hoping it will be resolved at some
             | point. The reality is that these kinds of problems can
             | almost always be solved, it just costs resources so
             | companies de-prioritize it constantly.
             | 
             | I definitely agree that some push-back is necessary and a
             | lot of companies have this culture of suffering silently
             | that is very hard to change. It takes a lot of social
             | capital and a fair amount of risk, depending on the type of
             | people in charge. I know that I wouldn't have brought it up
             | if I didn't have a safety net of savings in case I lost my
             | job.
             | 
             | People also forget that they are not alone. Our
             | individualistic society promotes this kind of thinking that
             | sometimes prevents solutions from being reached. As in your
             | example, many folks were unhappy, but nobody wants to be
             | the one that brings it up.
             | 
             | Overall I only really want to emphasize that it's really
             | not always a choice. There's a very big power imbalance in
             | employment relationships that can't be solved by
             | individuals.
        
       | rapht wrote:
       | At individual contributor level, such schemes may work --
       | anyways, people are paid by the hour so anything outside hours is
       | already dubbed 'overtime', and companies are bound to care.
       | 
       | At management level (i.e. top management talking either between
       | them or with the management levels just below), where hours don't
       | get counted (in some countries such as France, it's just 'days'),
       | it really boils down to the top management's culture. Workaholic
       | top management = every manager is expected to be workaholic...
       | and Darwin does the rest: soon enough, only workaholics remain.
        
       | DavidPiper wrote:
       | I wonder what this will mean for the various forms of on-call.
       | I've seen several policies, I'm sure there are more:
       | 
       | - "Ad-hoc" on-call with no process and you just get a phone call
       | after hours from the boss
       | 
       | - "Voluntary" on-call with a stipend, rotation based among a
       | particular team
       | 
       | - "Mandated" on-call with full over-time pay / penalty rates
       | 
       | Are all of these now up for review? Presumably anything written
       | in a contract takes precedence I suppose.
        
       | 627467 wrote:
       | So, before this "right" they were physically attached to their
       | devices unable to freely decide to ignore emails? Or there was
       | some kind of timer and expect SLA for answers that needed to be
       | met?
       | 
       | Or maybe because not replying under a given SLA led you to be
       | fired? In which case my question is: is your only option to work
       | for companies that have this culture? And you have to force all
       | companies to behave in the same way?
        
         | skizm wrote:
         | I'm guessing it is something like, you can't be fired
         | specifically for not answering outside of working hours.
         | Nothing stopping companies from firing you for not fitting
         | company culture (the unspoken part being company culture is we
         | all answer calls outside of work hours). Still a step forward
         | because there will be some careless/incompetent companies that
         | leave a paper trail indicating they fired you for this so you
         | can sue and get paid.
        
           | 627467 wrote:
           | So, hiding true intentions and needs is better? Why is
           | regulation not to force companies to be clear that you may be
           | expected to be flexible with your corp comunication before
           | signing the contract?
        
             | Vegenoid wrote:
             | > So, hiding true intentions and needs is better?
             | 
             | No, it is illegal. Your proposed law would have the
             | opposite effect of the law that passed: every company would
             | include this in their employment contract and would have
             | legal protections to make employees work overtime.
             | 
             | In addition, there are exceptions:
             | 
             | > To cater for emergencies and jobs with irregular hours,
             | the rule still allows employers to contact their workers,
             | who can only refuse to respond where it is reasonable to do
             | so. Determining whether a refusal is reasonable will be up
             | to Australia's industrial umpire, the Fair Work Commission
             | (FWC), which must take into account an employee's role,
             | personal circumstances and how and why the contact was
             | made.
        
               | 627467 wrote:
               | I'm aware of the effect intended of these types of laws:
               | to enforce a single culture, outlaw diversity and freedom
               | of engagement between parties.
        
               | wredue wrote:
               | It never ceases to amaze me that people argue against
               | things that are good for them.
               | 
               | You remain free to answer calls after hours. You simply
               | cannot be fired or reprimanded for not being at your
               | employers beck and call after hours *if you choose not to
               | be*.
               | 
               | Even in situations where after hours calls require pay to
               | immediately start, you remain free to negotiate with your
               | employer how that works. If anything, creating such
               | regulation *increases your freedoms*.
        
       | commandlinefan wrote:
       | I mean... this is a nice thought and all, but all this means is
       | that Australian employees now have the right to be the part of
       | the "difficult decision to reduce our workforce in order to
       | better align with our long term strategic objectives".
        
         | snapcaster wrote:
         | This doesn't end up being totally true right? Americans have
         | MASSIVELY more labor protections than Vietnamese people but
         | we're more productive. I don't like the assumption we can't
         | ever improve anything for anyone because it reduces
         | competitiveness. It's unproductive and also appears to be
         | ahistorical when we look at other changes to labor practices
         | over time
        
       | space_oddity wrote:
       | When I first started working, I would respond outside of working
       | hours, work overtime, and try to please everyone. As I got older,
       | I developed a rule: as soon as I finish work, I just ignore all
       | work chats, calls, and emails. Did it affect my well-being? Yes,
       | I highly recommend it to everyone!
        
         | corytheboyd wrote:
         | Seriously, just don't install (or log in to) Slack on your
         | phone. Started doing this myself a few years ago and it has
         | been great. I have a pager, page me if you need me. It's
         | just... normal to not be obsessed with work.
        
           | ryandrake wrote:
           | And/or: Have separate work and personal devices and never
           | cross the streams. When I'm done working on Friday, I put my
           | work laptop and work phone in a soundproof drawer and don't
           | open the drawer until Monday morning.
           | 
           | At the very least don't install work Slack on your personal
           | phone!!
        
       | CalRobert wrote:
       | Are people here treating emails like IM's?
       | 
       | An email is inherently asynchronous. Why would I expect a
       | response to an email before working hours? When did people start
       | confusing them with synchronous communication?
        
         | fred_is_fred wrote:
         | Sometimes I get a random thought on a Saturday and send an
         | email so I don't forget. I have people on my team who view that
         | as a "drop everything, cancel the wedding, pull the car over"
         | level emergency. The issue is they ALL do this to themselves.
         | They put work email on their phones, they have notifications
         | enabled. Nobody asked them to do this, nobody asked them to
         | read email all weekend. Even if I tell them "please ignore all
         | weekend email", it's like they physically cannot do it. It's
         | almost an addiction.
        
           | glitcher wrote:
           | Help them out by scheduling the email to be sent during
           | business hours?
        
             | CalRobert wrote:
             | When did this shift happen? People shouldn't check email
             | when they don't want to read it.
        
               | glitcher wrote:
               | Often others don't behave in the same way we would or
               | even the way we would expect. My suggestion is in the
               | spirit of trying to offer a little help to your fellow
               | teammates with a few extra clicks, in what seems like a
               | very low effort compromise.
               | 
               | I suppose it depends on your team dynamics, size,
               | structure, etc. I work with a small, tight knit team and
               | if I already knew someone was going to act a little
               | neurotic with regards to a low priority weekend email, I
               | would do the extra few clicks to make their life slightly
               | better. In a large corporate setting maybe I would be
               | less sympathetic, who knows.
        
           | Flop7331 wrote:
           | That's what paper is for. Not email.
        
             | CalRobert wrote:
             | Are you really suggesting people use snail mail simply for
             | async?
        
           | CalRobert wrote:
           | E-mail should not have notifications
        
         | nikolayasdf123 wrote:
         | like oncall or incident alerts for example.
         | 
         | (^say management unilaterally decided you have work offwork
         | hours and it is "urgent" or else look for a new job)
        
       | gwbas1c wrote:
       | > But the Australian Industry Group, an employer group, says
       | ambiguity about how the rule applies will create confusion for
       | bosses and workers. Jobs will become less flexible and in doing
       | so slow the economy, it added.
       | 
       | Whenever I encounter someone professionally who can't deal with a
       | little ambiguity about when it's appropriate to interrupt
       | someone; I feel like I'm working with a child trapped in an
       | adult's body.
       | 
       | "Children," who don't have the maturity to understand this
       | ambiguity, shouldn't be managers.
       | 
       | I also find that rules like this come into play because some
       | people (cough, children stuck in adult bodies, cough) just refuse
       | to self-regulate. It takes maturity to think through if an out-
       | of-hours contact is appropriate; these kinds of rules only come
       | about because of widespread immaturity in management roles.
        
         | InDubioProRubio wrote:
         | Some loners, cant be alone at home with themselves. After
         | hours, they put the alpha dog away, in a little box, were
         | nobody can be forced to play with that creature. So they call
         | those they can torment.
         | 
         | If somebody calls after hours, for unimportant stuff, s/he
         | needs to be marked up for therapy and re-socialisation.
        
         | dathos wrote:
         | I mean interrupting is one of the harder social actions in my
         | opinion, especially in the workplace. So much of this comes
         | from culture, family and your personality.
         | 
         | I say this as someone who interrupts, and loves to be
         | interrupted. Am I a kid in an adult body, or are my norms
         | different than yours?
        
           | MrDarcy wrote:
           | That depends entirely on if you ask permission before you
           | interrupt another person.
        
             | dathos wrote:
             | I really don't mean to be pedantic, but that would already
             | be interrupting someone right?
        
               | mylies43 wrote:
               | Eh I mean it would depend on how your doing it really, Im
               | thinking its the difference between "hey sorry to
               | interrupt, I have a question do you have a minute?" vs
               | "hey {question}"
        
               | Linux-Fan wrote:
               | What became of "don't ask to ask"
               | (https://dontasktoask.com/)? Although it may take some
               | getting used to, I find it convincing that one shouldn't
               | need to ask about whether it'd be OK to ask for short
               | questions because the question for permissing is
               | interrupting just as much as the actual question except
               | that with the former it may be impossible to estimate how
               | complex it is whereas it may be much easier to decide if
               | the question is known.
               | 
               | For longer issues, could it make more sense to schedule
               | an (online) meeting?
               | 
               | And on the receiving side of interruptions: Ocasionally
               | it has helped me to just keep the "chat app" closed when
               | I want to concentrate on something. If anyone has
               | something urgent, they could always elevate to performing
               | an old-style synchronous phone call, but interestingly
               | this rarely happens with "text-chat" people :)
        
               | Suppafly wrote:
               | that's similar to the no hello movement. if you're going
               | to ask a question over chat, just ask it, we don't need
               | the pretend conversation around it, and by saying hello
               | you've already interrupted me.
        
             | renewiltord wrote:
             | Not to worry, I usually just say "hi" and wait for them to
             | respond before asking the question.
        
           | eric_cc wrote:
           | > "I ... love to be interrupted"
           | 
           | Can you elaborate on this?
        
             | sharkjacobs wrote:
             | The imagined exchange is something like this
             | 
             | "To get you up to speed on foo I'll explain some important
             | ways it differs from bar. First, of all--"
             | 
             | "Wait, I'm not familiar with bar, can you use a different
             | frame of reference or briefly explain bar to me first?"
             | 
             | "Oh, I'm so glad I didn't waste your time and mine trying
             | to give you information you don't have context to make
             | sense of."
        
           | gwbas1c wrote:
           | Well that depends on your ability to self-regulate!
           | 
           | Do you constantly interrupt people and prevent them from
           | doing work? If someone says they are busy and need a few
           | minutes, do you ignore them and continue to interrupt what
           | they do? Do you get angry if someone can't drop what they are
           | doing to cater to your impulse?
           | 
           | Do your co-workers feel like working with you is like working
           | with a child?
           | 
           | That is what my children do to me, and that is what "children
           | in adult bodies" do in the workplace.
        
           | wesselbindt wrote:
           | On behalf of humanity I ask you to please stop interrupting
           | us.
        
           | gwbas1c wrote:
           | I'll try to explain it a different way:
           | 
           | I once had a manager who, after working with for 6-8 months,
           | gave me the impression of "working for a child."
           | 
           | He would interrupt me all day for very trivial matters, and
           | insist that I drop what I'm working on to address some email
           | that just came in. (And what I was working on was from email
           | that came in yesterday, that I dropped what I was working on
           | yesterday to start...)
           | 
           | Any time I started any task that required any significant
           | concentration, I'd start to panic that I'd be interrupted
           | before the task was complete. (And if you understand
           | concentration, you realize that you just can't pick up an
           | interrupted task where you left off.)
           | 
           | ---
           | 
           | Where it came to a head was, late one Friday afternoon, I
           | realized I needed to cherry-pick or revert something in Git.
           | At the time, I was a bit of a novice to Git. I skimmed an
           | article on how to do what I needed to do in Git, decided it
           | would take me ~10 minutes, and that I'd leave when I was
           | done.
           | 
           | No sooner did I make it through the first paragraph did my
           | manager interrupt me with a question. I answered it, and
           | tried to find where I was reading (in the article that
           | explained what I was trying to do). Then the guy next to me
           | interrupted me with a technical question. The two of them
           | continued, ping-ponging each other, me being stuck trying to
           | read a paragraph, until I was able to construct one single
           | command.
           | 
           | Then my manager pulled me into his office. I saw that he was
           | putting together a presentation, and I spent 10 minutes
           | answering his questions.
           | 
           | I thought I was done and could complete my ~10 minute task,
           | but no. After I constructed the 2nd Git command, my manager
           | and the guy next to me resumed ping-ponging me with
           | questions.
           | 
           | Finally there was a lull, and I started constructing the 3rd
           | git command. My manager comes up behind me, and in a rather
           | condescending tone, said to me: "What are you doing here?
           | It's a long weekend, go home!"
           | 
           | I responded, "I'm just trying to complete a 10-minute task
           | before I go home, but I keep getting interrupted!"
           | 
           | My manager didn't apologize. He grunted, and then ran out of
           | the door, like a child caught making a mess, but not owning
           | up to it.
           | 
           | ---
           | 
           | This manager, BTW, is why laws in the linked article exist.
           | He once "forgot" to tell me he wanted me to work on a
           | Saturday. I had plans so I ignored his Saturday morning call.
           | Thankfully he was fired (or quit, it was ambiguous) about a
           | month or two later.
           | 
           | ---
           | 
           | So, are you like my old manager, constantly interrupting
           | someone, and not having the emotional intelligence to
           | apologize or to pace yourself? Or, do you think before you
           | interrupt, give people a chance to pause what they are doing,
           | and pace yourself so you aren't monopolizing others' time?
        
         | hi-v-rocknroll wrote:
         | It gets worse when infantile bully managers treat other adults
         | like children, such as adversarial treatment or imposing
         | unnecessary inconveniences like RTO.
        
       | albert_e wrote:
       | Interpreting that headline literally ...
       | 
       | If person A is working late (maybe they started their day late,
       | or they work from a different timezone) and send a memo during
       | off hours of Person B ... the memo can be "ignored" by Person B
       | even when they come back to work next day?
       | 
       | Same for all off hours when person B is on leave - planned or
       | otherwise?
        
       | sharpshadow wrote:
       | ~300 hours unpaid overtime per year and having to respond after
       | work to emails and calls? That's crazy.
       | 
       | And they worry now that the economy will slow down. I think
       | people will start to work normally now, in the previous
       | conditions I would work much slower as a compensation.
        
       | lemoncookiechip wrote:
       | You have the right to, and can't be punished for it. But you can
       | still be punished if they just say it's unrelated to it, whether
       | through missed opportunities, increased workload, undesirable
       | assignments, or even termination with flimsy justifications.
       | 
       | It's the age-old: "No one is pointing a gun at their head.
       | They're doing it because they want to." -Manager XYZ
       | 
       | I can see two ways to prevent it:
       | 
       | 1. Ban employers from doing so with potential fees, except in
       | cases where it's a stipulation on the contract. Although this
       | would eventually lead to employers adding it to every contract.
       | Not a fan of this approach.
       | 
       | 2. You make them pay you weekend-rate overtime, this would still
       | allow your superiors to contact you, but they would think twice.
       | I would definitely support this, although it might not apply to
       | all circumstances.
       | 
       | 3. I honestly don't know, there's probably better solutions from
       | smarter people.
        
         | Rygian wrote:
         | I don't know about Australia, but in my jurisdiction any
         | illegal contractual clauses are unenforceable.
         | 
         | If the law says "X is forbidden" and the contract says
         | "employee agrees to do X" then the employer has no legal
         | recourse to force employee to do X.
         | 
         | Point 2. is the usual on-call, and it's still regulated (in my
         | jurisdiction) by mandatory rest periods during which a person
         | is legally mandated to not work.
        
       | JohnMakin wrote:
       | This new-ish problem speaks to a major reason I personally prefer
       | hybrid/on-site work cultures - there is usually a clear barrier
       | between work/free-time, at least IME. When I'm not in the office
       | there is very little expectation that I am working. I personally
       | prefer this separation - when I worked a fully remote job it felt
       | like I was being pinged at any given hour and expected to
       | respond.
       | 
       | This law would never happen in the united states. 0%.
        
       | prmoustache wrote:
       | I am suprised they didn't have that right to begin with.
        
       | qwerty456127 wrote:
       | I can't believe they didn't have this right previously. I have
       | almost always (except when I was paid specifically for being
       | available anytime) had a habit of turning my phone off/airplane
       | as soon as the business hours end.
        
       | left-struck wrote:
       | As an Aussie I'm glad this is has been codified in law but I've
       | personally not had any issues with people expecting me to reply
       | outside of work hours.
       | 
       | Then again I've always acted like I had this right anyway, if I
       | were contacted outside of working hours I would just ignore it
       | within reason. I always thought there hadn't been much
       | consequences but perhaps the consequence were respected
       | boundaries...
        
       | Yeul wrote:
       | In my country it is not unusual for people to work 36 hours.
       | You'd imagine that a nation like Korea or Japan would be twice as
       | rich because they work 70 hours yet it doesn't seem to go that
       | way...
       | 
       | Obviously if you do have a 50-70 workweek your job IS your life.
       | Your co workers are your best friends and it doesn't matter if
       | they call you up in the middle of the night. I have observed that
       | in Workaholic cultures people spend a lot of time socialising
       | with co-workers and less time on actually working.
       | 
       | I prefer the Dutch style of "working to live". Even if that means
       | that you have to bring your own food and eat it behind a laptop.
       | You can socialise at home.
        
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