Ontario’s Right-to-Disconnect Legislation

Understanding Ontario’s Right-to-Disconnect Legislation

Ontario has introduced a significant development in employment law with the Right-to-Disconnect legislation, as part of Bill 27, Working for Workers Act. This new requirement mandates that employers with 25 or more employees must establish a written policy on disconnecting from work. This initiative, incorporated into the Employment Standards Act, is designed to promote better work-life balance and prevent burnout among employees.

What Does Disconnecting from Work Mean?

According to the legislation, 'disconnecting from work' refers to refraining from work-related communications, such as emails, telephone calls, and video calls, outside of normal working hours. This clear definition ensures that employees are not obligated to engage in work activities during their personal time, fostering a healthier separation between work and personal life.

Employer Obligations

Employers must create a detailed written policy outlining the circumstances under which employees are not required to engage in work-related communications outside of their regular working hours. This policy must specify the date it was prepared and any subsequent revisions. Employers had until June 2, 2022, to implement this policy, and starting from 2023, they must update it annually by March 1 if they have 25 or more employees as of January 1 each year.

Protecting Employee Rights

This legislation is crucial for protecting employees' right to disconnect and ensuring they can fully disengage from work during non-working hours without facing negative consequences. If an employer fails to comply with the Right-to-Disconnect policy, employees have the right to report the violation to the Ministry of Labour. While there are no immediate penalties for non-compliance, the Ministry can mandate that employers implement the necessary policy adjustments.

Importance of Compliance

For employers, adhering to the Right-to-Disconnect law is essential to create a supportive and balanced work environment. Compliance not only helps prevent employee burnout but also promotes a positive workplace culture. For employees, understanding this legislation is key to recognizing your rights and ensuring they are respected.

For more comprehensive details on the Right-to-Disconnect legislation and employer obligations, visit the Ontario government’s Guide to the Employment Standards Act.