Right to Disconnect: Coming to Canada?

The federal Liberal government is examining the possibility of updating federal labour standards to give federally-regulated workers the right to ignore work-related emails at home through a “right to disconnect” law.

Federally-regulated workplaces include transport, banking and telecommunications businesses, which represent approximately 6% of the Canadian workforce.

The right to disconnect is just one of several policy areas the Liberals are studying further.

Right to Disconnect: Gaining Popularity

The idea of the right to disconnect has gained popularity since France adopted a law in 2016 giving workers the right to step away from their computers, laptops and smartphones outside of business hours. There is growing concern that employees are performing unpaid overtime, as well “burning out” due to increased workload and stress, and that a better work/life balance must be sought. it is often difficult for employees to leave their work and not respond to emails or text messages received on their smart phones, whether on vacation or after they have competed their work day.

Right to Disconnect: Employees vs. Employers

During the year-long consultation, labour groups argued that a legal right to disconnect from work-related technology would improve employee health and efficiency.

Employers told federal officials that some companies require employees to be available outside of regular work hours. They also suggested that many employees don’t work traditional 9-to-5 work schedules, and therefore need to stay connected at various times outside the normal workday. Employers have also noted that they either already have in place or can create their own internal employment policies, as opposed to being forced to do so by amendments to the legislation.

The Canada Labour Code, which was drafted in the 1960s when most workers were employed in full-time and secure jobs, is facing increased calls for modernization, given the gradual shift to part-time, temporary or contract work.

Recommendations for Employers

Risks for an employer which does not have a disconnect policy in place for employees, includes:

• increased claims and required time off for employees with mental health issues, relating to stress and burnout; and
• possible claims for overtime by employees, eligible for overtime, for time worked outside of their regular workday.

It is therefore recommended that all employers, federal and provincial, consider implementing a disconnect policy.