While Ontario’s right to disconnect from the law seems like a good idea, experts say it’s important to look at the impact of practice on employee well-being and its practical application in the workplace before considering a pan-Canadian approach. .
According to the Employment Standards Act, 2000, section 21.1.1, the right to disconnect refers to “not engaging in work-related communications, including emails, phone calls, video calls, or sending or reviewing other messages, to be free from action “. of work. “
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The law went into effect in Ontario on June 3.
According to Basem Gohar, a clinical psychologist and assistant professor in the Department of Population Medicine at the University of Guelph, “at first it seems like a very good idea.”
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“There’s a lot of burnout in various sectors … and the result of burnout is actually illness and absenteeism,” Gohar said.
“I think in theory it’s a good idea. But as it will be implemented, I guess only time will tell,” he added.
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Ontario enacted Bill 27: Labor Act for workers late last year and requires employers with 25 or more people in the workforce as of January 1, 2022 to establish a policy that describes how to ensure that workers can disconnect from the workplace outside of working hours. .
Gohar said it’s great that Ontario is leading this, but he thinks it’s best to see what works and what doesn’t before other Canadian provinces and territories follow suit.
“I feel like I’m in North America, we live to work … because career is the main thing … we define ourselves by our profession and what we do. And we’re very proud of that … so honestly , I don’t know how it will work, “Gohar said.
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Dra. Lisa Belanger, CEO and founder of ConsciousWorks, a consulting firm that supports leaders and teams to maximize their mental capacity and performance, says she’s a big fan of the concept, but believes it’s best to start working to improve cultures. of the company instead of waiting for Canada to implement a policy.
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He said policies must be imposed and followed, and that business leaders are not necessarily equipped to do so.
“Unfortunately, we haven’t improved our leaders in understanding how to lead asynchronously and adapt,” Belanger said.
“We have seen some success in France … but more needs to be investigated. It is not always followed … if no one is auditing this, and if no one is complaining or willing to go to court, then (no we will know), “he added.
Belanger said now is the time to make leaders think about what flexible work is and what the future of work is like.
According to Achkar Law, a Toronto-based law firm, “while working from home sounds like a flexible agreement for some, for others, it is altering the line between work and personal time, causing an issue of the right to disconnect from employees. ”
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The law firm also states that “some employees are experiencing burnout as a negative effect of being constantly accessible and ‘connected’ to work.”
Ontario law seeks to change that, and Gohar thinks “it’s good to have at least a recognition that employees have a right to disconnect and not think about work all the time because that’s not healthy.”
Gohar says his main concern with the law is that not all professions can afford to disconnect outside of hours, such as health care providers.
“Some professions, or some personalities, I would even say have a sense of guilt to disconnect, so if you’re very attached to your job and if it’s a particular profession that may have a shortage of staff, you may feel you are guilty of disconnecting even though you rightly deserve it and you should recharge it, “Gohar said.
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The Act itself does not provide much detail on how this new law will work.
The Canadian press reported on Thursday that this new policy was inspired by a 2016 law that gave French workers the right to turn off electronic work devices outside business hours. Then, in 2018, the federal government of Canada began reviewing labor standards and reflecting on the possibility of giving workers the right to ignore work-related messages when they are at home.
A commission convened last October was expected to look into the matter and provide recommendations to then-Labor Minister Filomena Tassi before the spring. But the province of Ontario chose not to wait for federal regulations.
Global News contacted provinces across the country to see if they would stay the same, but only British Columbia responded. A BC Ministry of Labor spokesman helps in an email that the ministry is aware of Ontario’s new right to disconnect the law.
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“The ministry is watching with interest, but there are no plans at the moment to establish a law similar to BC,” the spokesman told Global News.
“Our ministry has focused on supporting workers and employers with priorities such as paid leave, raising the minimum wage and improving the workers’ compensation system.”
– With archives of The Canadian Press
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