Another ‘right to disconnect’ law just came into effect in Australia, giving employees the right to not reply to communications after working hours. More than 20 countries – mostly in Europe and Latin America – have similar rules.
While Ontario is the only province in Canada to have legislation in place around disconnecting outside of work, there is potential for other provinces to follow and the federal government has proposed a law as well.
This spells potential trouble for the 52 per cent of Canadian managers who say they send emails to employees outside of regular business hours, with 28 per cent expecting responses before the next business day. But, here is the surprise. There is also potential trouble for employees. While many workers are happy to know they don’t have to respond at 5:01 p.m., there are reasons for employees to be concerned, especially if they appreciate flexibility.
The ins and outs of these laws can be tricky, so I asked Erin Brandt, co-founder of Vancouver-based employment and human rights law firm PortaLaw, to add some clarity.
What do people need to know about the right to disconnect law in Ontario?
Ontario’s Employment Standards Act requires employers with 25 or more employees to have a right to disconnect policy. Employers can also have different policies for different groups of employees (for example, office works versus retail employees).
“The legislation doesn’t actually create a right to disconnect. It requires that employers have a policy on what disconnection means,” Ms. Brandt says.
So, while it can start conversations around expectations and connection, it doesn’t actually give employees any additional rights in Ontario.
What about the proposed federal law – who would be affected?
Currently, the federal government is looking to amend the Canada Labour Code to require employers in federally regulated sectors to have a right to disconnect policy. It would affect sectors like banking, airlines and interprovincial trucking.
“It only impacts a small segment of the workforce and it wouldn’t have a national impact. Yet, it might set a standard [for similar laws],” she says.
When it comes to these types of laws, what are some of the main concerns from an employee perspective?
”The criticism is that it might take away some of the flexibility that some employees enjoy,” Ms. Brandt says.
For example, if the right to disconnect laws were specific, like stating that employees could not work longer than eight hours per day, it could cause challenges for those who want to work 10 hours per day and have a four-day work week.
Additionally, if disconnection was tied to a certain time of day, like 5 p.m., employees may not be able to take an extra-long lunch break or attend an appointment during the day if they can’t get work done in the evening.
What about employer concerns?
Each law is a bit different, and there are nuances. Some employers may need workers to be available in case of an emergency – but what constitutes an emergency? Others who have dispersed staff will also need to consider the different laws in each province.
Ms. Brandt says there could also be a heavy administrative burden on small businesses. Depending on how strict the law is, they may need to work with a lawyer to stay compliant or choose less flexible working arrangements to avoid paperwork.
“It’s just easier to say, ‘no, you can’t do it, the law doesn’t allow it, and I don’t have the time or space to paper all of this properly,’” she says.
Fast fact
Directing success
77 per cent
On average, in Canada, that’s the amount of key industry film positions that are held by men. In this article, four Canadian women in the industry share the lessons they’ve learned as leaders, and how to thrive in demanding roles.
Career advice
Required reading
In our weekly Nine-to-Five column, we answer a question about a worker who just landed a new job and their employer sent them a list of reading materials to review before they start. They’re wondering if an employer can require this.
Experts say that while employers can require you to do pre-reading, generally, you should be compensated for that time. However, there are some exceptions. For example, unpaid training during the hiring process is permitted in Alberta in some circumstances, and some work experience programs do not require that workers are paid for all hours of work. It’s important to review the employment standards legislation where you live.
Quoted
Summer job drought
“I easily landed summer jobs in the late 1980s in part because there weren’t enough young people to go around. I was a rare commodity – exactly what today’s young, entry-level workers are not,” writes Tony Keller in an opinion article.
Mr. Keller digs into the data to explore how student unemployment rates are changing, and proposes that the Temporary Foreign Worker program – and not Canada’s immigration policy itself – is a part of the challenge.
On our radar
Tech workers rewire housing
Canada’s tech hubs of Vancouver, Waterloo and Windsor are seeing distinct shifts in their real estate markets, driven by tech sector fluctuations like layoffs or increased remote work. While each market is different, all three cities are trying to find ways to accommodate tech workers, whose housing expectations often differ from those in other sectors.