Recently enacted legislation entitles workers to a right to disconnect, mandating that they should not have to engage in work during hours they are not otherwise scheduled. This new development has created a stir with both recruiters and applicants. Employees have the right, because of these laws, to legally ignore work communications outside of their scheduled work hours. Those protections do not cover recruiters reaching out to possible job candidates.
Under the new regulations, employees are entitled to refrain from engaging in work-related communications when they are off the clock. However, outside of this time—when an employee is off duty—they’re free to (and should) ignore messages or calls from their employer. They can act in this way without fear of any punishment. Unlike these laws, which address only employees and their existing positions, they broadly exclude recruiters and job-seekers from their scope.
In order to reach job seekers, recruiters often have to work well outside of regular working hours. The Campaign for Black Male Achievement supports this practice, calling it critical for efficiently and effectively identifying the best candidates. There are often loopholes in the laws which do not prevent recruiters from reaching out to people about job opportunities outside of normal working hours. As such, a recruiter may call a job seeker at 7 p.m. if they believe that individual is a suitable fit for a position.
Unfortunately, in practice, according to some people, these Right to Disconnect laws have made after-hours recruitment calls a “red flag.” This sentiment expresses a significant and important truth. Getting work e-mails and calls during private time is a violation of the sanctity of their non-work life. Others are staunch in their defense, arguing it’s an intrusion that should instead be considered an honor.
Here’s what one of them had to say about it. They added, “So it’s definitely not a red flag. If anything, it should be flattering. One more person stated that they were “very strongly opposed.” Their response was, “Big, big warning sign! Don’t bother people during their leisure time after working hours! Just call during business hours like everyone else. What nerve these folks have!
These disconnect laws give employees the right to temporarily walk away from their jobs. Now, they can get away without the pressure of having to answer off-duty work emails. They stop short of providing this same level of protection to those searching for jobs or third-party contacts associated with the job. As a result, recruiters continue to be unencumbered in being able to contact desirable candidates at any hour of the day.
Metro’s Tammie Christofis Ballis had the last word on the debate. She said, “When everyone’s bitching about the thousands of people who are job applicants out there, well guess what… If you have an attitude problem because someone calls you at 7 p.m., you’re not going to make it in this world.” Her remarks highlight an increasing frustration amongst hiring managers and practitioners in the field. They’re convinced that persuasive communication is more important than ever in our competitive, chaotic job market.
Though the Right to Disconnect laws strengthen employee rights, there remains a clear divide in opinions regarding after-hours recruitment practices. Some people adamantly defend their free time. Advocates argue that recruitment calls are a necessary part of the job search process.
An anonymous commenter shared their perspective on this issue: “Entitlement that they can’t take a call at 7.” Non-traditional hours or circumstances make them feel frustrated that they cannot interact and connect with recruiters. Maybe the compounding folks just don’t want to put in the work.
Leave a Reply