Right to disconnect: Law for federally regulated employees

The Canadian government has introduced a proposal in the 2024 federal budget aimed at improving work-life balance.

This proposal involves the “right to disconnect” — a new legislation designed to protect federally regulated employees from work-related communications after their scheduled hours.

LISTEN: Employment lawyer Halley Auger discussed the right to disconnect legislation with 770 CHQR’s Sarah Crosbie.

Let’s examine what this means for these workers and the broader implications of the policy.

ADDITIONAL COVERAGE
• Lawyer breaks down right to disconnect legislation with CityNews Edmonton
• Right to disconnect legislation for federal employees: Newstalk 580 CFRA

Understanding the right to disconnect

The proposed “right to disconnect” law would allow federally regulated employees in Canada to avoid work-related communications such as emails, calls, and messages outside of work hours.

This initiative is designed to help employees enjoy their personal time without work interruptions — promoting a healthier work-life balance.

Who will be affected?

Approximately 500,000 employees will be impacted by this legislation across federally regulated sectors, including:

• Banking
• Radio and televisions broadcasting
• Telecommunications
• Railways, airlines and airports
• Federal public sector
• Postal services
• Most federal Crown corporations

It’s important to note that this legislation will only apply to those employees governed by the Canada Labour Code (CLC) and doesn’t extend to provincially regulated employees.

When does the policy come into effect?

The specific date that the right to disconnect legislation will be implemented hasn’t been announced yet.

Why is the right to disconnect important?

• Mental health and well-being: Continuous work communication can cause stress, burnout, and other mental health issues. Disconnecting helps employees relax and recharge, reducing mental health risks.
• Productivity: Employees who have time to disconnect often return to work more energized and productive.
• Quality of life: Ensuring personal time away from work can greatly improve overall life satisfaction and job contentment.

Other jurisdictions

Ontario passed its “right to disconnect” legislation on December 2, 2021. It was part of Bill 27, also known as the Working for Workers Act. Employers in the province with 25 or more employees must have a written policy in place regarding employees disconnecting from their work, which includes not engaging in work-related communications, such as emails and calls, outside of work hours.

WATCH: Employment lawyer Lior Samfiru discusses Ontario’s right to disconnect legislation with Global News’ Candace Daniel.

Additional protections

In addition to proposed right to disconnect legislation, there are various regulations that ensure boundaries for federally regulated workers across different industries.

These rules cover maximum working hours, vacation and holiday time, and holiday pay. Break times are also addressed.

SEE ALSO
• Canada increases working notice for federally regulated employees
• Severance packages for federally regulated workers
• How severance works for provincially regulated employees

Excessive work demands and constructive dismissal

Non-unionized employees in federally regulated workplaces have rights that extend beyond the right to disconnect policy.

If an employer pushes an employee to work beyond regular work hours, interfering with their personal lives and causing undue stress, this may lead to a claim of constructive dismissal.

How it works

While some level of stress is expected in any job, there are clear legal boundaries.

If your employer makes significant, unwanted changes to your work conditions (i.e. increasing your workload, demanding availability outside of business hours, etc.) these actions can constitute a fundamental change to your employment terms.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What employees need to know
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Employee rights

Actions employees can take

Non-unionized employees who find themselves in such situations have the right to:

• Reject changes: You are not obliged to accept drastic changes to your job conditions that were not part of your original employment agreement.
• Leave and claim severance: If you choose to resign due to these unilateral changes, you may claim constructive dismissal and pursue severance pay. This could entitle you to compensation of up to 24 months’ pay, as if you were terminated without cause.

Talk to an employment lawyer

If you are a non-unionized worker in Ontario, Alberta, or B.C. who has experienced a significant change to your job, contact the experienced employment law team at Samfiru Tumarkin LLP before quitting or taking any action against your employer.

Proper legal guidance is crucial to secure the compensation you are entitled to.

Our team has successfully represented tens of thousands of non-unionized individuals — helping them navigate complex workplace issues.

In addition to constructive dismissal claims, we can assist you on a broad range of employment matters, including:

Contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.