employment law

The Right to Disconnect

The boundaries between home and work became blurred when the COVID-19 pandemic caused many jobs to be shifted online. Workers who were not permitted to come into their workplaces were working on computers in their living rooms, dining areas, spare rooms (if they had one), and even closets and bedroom. But even before that, boundaries were already being blurred by communications technology such as cellphones, text messaging, and email, allowing employers to contact employees at any hour of the day or night – which for many workers made them feel as if they are never really off work.

Ontario’s labour minister has proposed a legal “right to disconnect” is a step toward solving the problem of employers expecting workers to always be “on”. This is an important initiative, and the problem needs to be addressed. But this on its own is not going to fix the more fundamental and widespread workplace issues that the pandemic has highlighted, and which should be more of a priority.

The legal “right to disconnect” was first implemented in France in 2017, allowing employees to not answer work-related emails or calls during their time off. Canada’s federal government struck a task force in 2020 to explore the possibility of similar legislation for federally regulated occupations.  Ontario’s proposed legislation would require organizations with 25 or more employees to develop policies around work-related communications, such as establishing expectations for response times to emails.

It might seem that policies like this could cause even more stress for workers and employers, by compressing working time while maintaining expectations of continued productivity. However, (more…)