Bosses won't be penalised for calling staff after hours

The government moved an amendment to strip penalties for employers under disconnect laws. (Dean Lewins/AAP PHOTOS)

No criminal penalties will apply to employers who breach incoming laws allowing employees the 'right to disconnect' from work.

Under the workplace reforms, bosses will not be able to force staff to answer phone calls or emails out of hours.

However, the original changes included criminal penalties for people who breached the rules.

Workplace Minister Tony Burke introduced amendments on Thursday to remove the penalties, which had slipped past the Senate.

"It shouldn't be controversial that people should be paid when they work," Mr Burke told parliament.

"Where disputes about the right disconnect arise, employers and employees will be able to apply to the Fair Work Commission for stop orders."

The industrial relations bill did not explicitly include criminal penalties, but the legislation intersected with the Fair Work Act.

"And because of that interaction, it's necessary to make a further amendment to rule our criminal penalties," Mr Burke said.

The amendments to remove penalties will come into effect at the same time as the right to disconnect measures.

The rules will apply six months after the laws have been signed off by the Governor General, while small businesses will have a 12-month grace period before the laws take effect.

"My understanding is no member of parliament support criminal penalties applying," Mr Burke said.

"I hope that now it is in a separate bill, the coalition, and indeed all members, will support this legislation."

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