Work: What’s Next | Ontario’s right to disconnect legislation

Interview Summary

The Ontario government has proposed legislation that could reinforce employee rights and deprive employers of the ability to contact employees outside of regular work hours. If implemented this legislation could provide more power to employees and create a better work-life balance for many individuals. How can employers and workplaces enforce the right to disconnect?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News on the Work What’s Next segment to answer this question and more.

Interview Notes

What does the right to disconnect law entail?

The Ontario government has announced that employers that have 25 employees or more will be required to implement policies that state employees do not have to engage in employer and employee communications outside of work hours. This legislation is to give employees more time off the clock and boundaries between the workday and time off.

LEARN MORE
• Ontario proposes the right to disconnect law
• Right to Disconnect for Employees in the Spotlight

In practice, how difficult will it be to carry out the right to disconnect laws in the workplace?

In reality, for many employees in different sectors, it will be feasible. It will be difficult to monitor which employees are doing work outside of the regular workday. Employees could also feel the weight of competition in the workplace and might not want their careers to be impacted.

How can current employment laws be improved to provide a better work-life balance for employees?

Employment laws concerning overtime pay could be improved upon so employees are more adequately paid for their overtime as well as an increase in minimum vacation time so that employees can have more time for themselves.

Will a ban on non-compete clauses help employees?

In general, courts do not enforce non-compete clauses in employment contracts as it limits employees’ ability to seek future employment and income. However, by banning the non-compete clause, employers will not be able to pursue these assumed breaches and intimidate employees from seeking job opportunities. Employers will be forced to treat employees better so there is less employee turnover.