What will the right to disconnect mean for workplaces?

Interview Summary

The Ontario government has proposed new legislation that would prevent employers from being able to contact their employees outside of regular work hours. While many support this idea as the pandemic has blurred the hours between personal time and work for employees, how will this legislation be imposed? Will employers face consequences for interacting with employees outside of the workday?

Lior Samfiru, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP spoke with Global News on Bill 27 and what it will mean for employees and employers.

Interview Notes

“This law is really not going to move the needle,” says Samfiru. “Who is going to sit over the employer’s shoulder and ensure that the policy is being followed?” Samfiru goes on to explain that employees will have the right to complain to the Ministry of Labour if their employers do not co-operate.

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Bill 27 Working for Worker’s Act

“The Ministry of labour, in theory, will have the power to do a number of things, such as order the employer to stop imposing on an employee’s time and potentially order a fine,” Samfiru states.

Samfiru worries that employees might fear for their jobs if they decide to disconnect after work. “They could ask what will happen if my colleagues respond and I don’t? Will this be held against me next time there is a promotion?”

In order to resolve this issue, Samfiru believes there are other ways to help employees. “Employers can increase the amount of vacation time for employees, or have better overtime rules. It will cost employers a lot of money if employees work outside of regular hours so employers will be motivated to ensure that does not happen.”