The right to disconnect

How often have you gone off the grid where you just put your phone away and decompress?  Will your boss even allow you to do that or do they insist you be reachable at any hour?  Do you hear your phone vibrating and feel the need to check it, no matter the hour?

On November 30, 2021, the provincial government in Ontario passed legislation that will give some employees the ‘right to disconnect’. 

The legislation, known as the Working for Workers Act, amended the Employment Standards Code to force any employer with 25+ employees to institute a policy before March 1, 2022, that allows an employee to disconnect from work at the end of the day.  This type of legislation is, according to the Ontario government, the first-of-its-kind in Canada and is an attempt to promote wellness and family time. 

What exactly does ‘disconnecting’ mean?  Can an employee be completely off the grid until work begins the next day?  How about over the weekend?  Are some types of workers exempt?  What are the repercussions to employers who disregard the right to disconnect?  What about employees who have a company-owned phone?

These questions have not been answered in this legislation, nor has what precisely must be contained in such a policy.  It could be that the details are filled in through regulation. 

For the time being, employers are best to use the opportunity to take a genuine look at their operations and the wellbeing of their staff to figure out what is needed, what is convenient and how to prioritize a healthy, productive team.  Take the opportunity to have open, honest discussions with your team and create a policy that allows them to disconnect and decompress in a way that works for everyone.  Include HR, legal and internal communications staff in the process.  If you need help or advice, contact me and we’ll get started.