Vancouver employment lawyer on an employee’s legal right to disconnect

Interview Summary

As the workplace has changed due to COVID-19, many employees have shifted to working remotely. While working from home has its advantages, some employees are finding it difficult to disconnect from work. What are their legal rights to disconnect after work hours?

A Vancouver employment lawyer at Samfiru Tumarkin LLP joins Global News Radio 980 CKNW’s Charles Adler to explore employees’ legal rights while working from home.

Interview Notes

What does “the legal right to disconnect” mean for employees?

There is no current legal protection in Canada for employees to disconnect from the workplace. There are current models for the right to disconnect in countries such as France, in which an employer is obligated to recognize that employees have a right to disconnect from work for a set number of hours each day and week.

Do employees currently have a legal right to say no to requests from their employer outside of work hours?

In British Columbia, there is provincial legislation that details overtime hours and compensation. There are, however, many industries in which employees do not fit into these regulations. As many employees who previously were not working from home now work remotely, it can be difficult to keep track of the number of hours worked regularly, i.e. salaried employees who do not keep records of their time.

What industries are the most affected by the inability to disconnect from work?

Due to the pandemic and ongoing financial difficulties, many companies have downsized their staff or implemented layoffs which eventually led to employees taking on more responsibilities. It is a misconception that salaried employees are not owed overtime compensation or they cannot refuse work requests.

Are there more workplace issues apparent now than prior to the pandemic?

There has been an exponential increase in workplace concerns expressed by employees and employers as a result of COVID-19. Provincial health measures ensured new workplace safety regulations which instigated a rise in workplace disputes. There has also been an increase in requests for medical leave or a need to accommodate working parents.

Will employers continue to expect more from employees post-pandemic?

Many employers could potentially shift to a hybrid or permanent work from the home model for employees at the workplace. If workplaces fundamentally change, there will need to be new policies introduced for different working models.