Friday, 28th January 2022 | Management
Here's how Ontario’s “right to disconnect” law will affect your business
Ontario is introducing a bill that will give employees legal right to “disconnect” from work activities or communications before or after work hours. Here's what that means for the province’s small and medium-sized businesses.
Many Canadians had their first work-from-home experience during the COVID-19 pandemic, discovering what most seasoned home workers already know: setting boundaries between work and home can be a challenge. In an effort to offer a framework to employers and employees, the Canadian government has begun a review of labour practices regarding this matter. In December, the province of Ontario received assent on the so-called “right to disconnect” law, which will affect employers with at least 25 staff. Read on for more about what this new legislation will mean for the province’s small and medium-sized businesses.
What is Ontario’s “right to disconnect” law?
Simply put, Bill 27, the Working for Workers Act 2021, says that employees have the legal right to “disconnect” from work activities or communications before or after work hours. According to the legislation, “disconnecting” is defined as “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.”
The provision received Royal Assent in December 2021 and will take effect on June 2, 2022, giving targeted employers—those with at least 25 people on staff—six months to develop “right to disconnect” policies.
Is there a precedent for policies like this one?
There is similar legislation in Portugal, France, and Spain.
Are other provinces following suit?
The province of Quebec is also developing “right to disconnect” legislation, with an eye on being even more strict by including provisions for fines for non-compliant employers. The federal government is considering provisions aimed at federal employees.
What does this law mean for small businesses in Ontario?
If you have 25 employees or more, you have six months to develop your “right to disconnect” policies.
Bill 27 stops short of specifying what an employer’s “right to disconnect” policy should say, which leaves ample leeway to tailor your policy to your specific workplace. Until more details are in place, employers should focus on preparing a document that seeks to codify a good work-life balance while keeping operational concerns in mind.
At this point, employers are required to date the policy (and any changes) and provide a copy of the new or updated policy to each employee within 30 days of preparation.
If you’re a small business employing fewer than 25 staffers, this bill does not apply to you. However, at a time when staff shortages are commonplace, employees are seeking companies that encourage a healthy work-life balance regardless of their size.
How can SMBs implement their own “right to disconnect” policy and what should it include?
When thinking about your company’s “right to disconnect” policy, you’ll want to take the following into account:
- What is your company’s definition of disconnecting from work? Get specific about what it includes. For example, does it include emails, texts, phone calls, and video conference calls?
- Who does the policy apply to?
- Who is responsible for monitoring and enforcing the policy?
- What is the process in the event of a complaint or violation of the policy? How will the policy be enforced?
Plan for employee training to make sure everyone understands the policy and how it works. Trainers should provide employees with specifics such as the number of hours they are expected to work, who to approach with issues, and how to move towards a resolution.
For Ontario’s affected small to medium-sized businesses, the best course of action is to begin planning now.
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