What does right to disconnect mean for Canadian workers?

The federal government’s new budget contains legislation that could give federally regulated workers the right to disconnect from work emails and calls, when they’re off the clock. 

The legislation would apply to those in telecommunications, finance, and transportation. The amendments to the labour code would be similar to legislation seen in countries like France, Belgium, Spain, and Italy, according to a report from the government of Canada. 

The same report finding 12 per cent of federally regulated employees worked unpaid overtime. 

Alberta employment lawyers tell me, that the legislation and right to disconnect stems from many folks still working from home or hybrid following the pandemic and a workforce that increasingly values time and employers are responding.

“Things like require employees to take their vacation time as opposed to taking vacation pay, so that indicates that employers are aware that employees do need a break, they do need vacation time,” said Hally Auger, an employment lawyer with Samfiru Tumarkin LLP.

Auger tells me she doesn’t expect a right to disconnect to cause any shake-up in employment law.

The federal government’s legislation would be similar to Ontario, in that province — provincially regulated employers must have right to disconnect policies in place. 

Additionally, while it wouldn’t prevent people from doing work off the clock, it would protect them if they didn’t.

“You’re right, not everybody is going to follow the policy. I would hope that employers don’t treat this as merely a box to checkmark, that they’re actually taking the steps to enforce it to create internal equity,” said Auger.