Now that the Working for Workers Act, 2021 (described in our December 3, 2021 blog post here) has received Royal Assent, the clock is ticking for employers to prepare and implement a policy on Disconnecting from Work. In this article, we describe the essential elements of a Disconnecting from Work policy. We also discuss the implications of the recently proposed Working for Workers Act, 2022.
- ELEMENTS OF A DISCONNECTING FROM WORK POLICY
By June 2, 2022, employers with more than 25 employees (as defined in the Employment Standards Act, 2000) must have a written policy on disconnecting from work. “Disconnecting from Work” is defined as not engaging in work-related communications, including e-mails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work.
Notably, employers are not required to create a new right for employees to disconnect from work. Other than dating the policy and ensuring it is provided to employees within 30 days of being prepared or updated, there are few required elements of a disconnecting from work policy. As such, employers can consider their operational requirements before determining what right (if any) they will provide employees to disconnect from work.
As a best practice, a disconnecting from work policy could address:
- Expectations of employees to read or reply to work-related e-mails or answer work-related phone calls after their shift is over or while they are out-of-office (i.e. on vacation).
- Response expectations depending on the time of day of the communication, the subject matter of the communication, or who is contacting the employee (i.e. a client, supervisor, or colleague).
- Expectations for out-of-office notifications or changing voicemail messages when an employee is not scheduled to work (i.e. indicating the employee will not be responding until the next scheduled day).
A disconnecting from work policy could also outline some exceptions to a general right to disconnect from work (if an employer chooses to provide one) such as where an employee is on call, during urgent or time-sensitive circumstances, or where a business’ operations require working across multiple time zones.
While the same policy does not need to apply to everybody in the workplace, all employees must be provided a written policy. This means, for example, an employer could implement a policy where all employees, with the exception of managers and supervisors, could be offered a right to disconnect.
- WORKING FOR WORKERS ACT, 2022
If passed, the Working for Workers Act, 2022 will:
- Establishing protections for digital platform workers who provide ride-share, delivery or courier services including a $15.00 minimum wage, tip protections, the right to resolve disputes in Ontario, and protection from reprisal.
- Ensure out-of-province workers can register in their regulated profession or trade within 30 days.
- Mandate employers with 25 or more employees to establish and share policies on electronic monitoring devices such as computers, cell phones and GPS systems.
- Require employers to provide a naloxone kit in workplaces where opioid overdoses are a potential hazard (such as construction sites, bars, and nightclubs).
- Increase the maximum fines for operators and directors of businesses to $1,500,000.00 if a worker is injured or killed on the job. The maximum fines for individuals will be raised to $500,000.00.
- Exempt IT and business consultant from many Employment Standards Act, 2000
If you have any questions about preparing a Disconnecting from Work policy or the implications of the Working for Workers Act, 2022 on your workplace, please contact a Turnpenney Milne lawyer.