Understanding Bill 27 and The Right to Disconnect

Understanding Bill 27 and The Right to Disconnect Working from home has become commonplace two years after the COVID-19 pandemic, with many employers and employees realizing it isn’t always necessary to be in the office. However, with the lines blurred between home and business, Ontario took action to protect employees.

In 2021, Ontario passed Bill 27, Working for Workings Act, giving it royal assent on December 2 of that same year. The bill defines disconnecting from work as “not engaging in work-related communications, including emails, phone calls, video calls, or sending/reviewing of other messages.”

Employers with more than 25 employees on January 1 of the given year must implement a policy by March 1 of the same year. The deadline for 2022 is June 2. Right now, there are no specific requirements in the law as to what the policy must contain, but the government reserves the right to require specific information in the future.

The policy doesn’t only impact those who work from home, it applies to all employees who work in Ontario.

What is the purpose of the law?

The Worker for Workers act is an amendment to the Employee Standards Act that’s supposed to function with existing rules regarding working hours, break times and workplace safety. The legislation aims to promote Ontario as a great place to work while allowing employees to disconnect from workplace communications.

In a statement by the Minister of Labour, Training and Skills Development: “Through the passage of legislation, Ontario is ensuring our labour laws keep pace with the acceleration of new technology, automation and remote work.”

Simply put, remote work and flexible working hours have begun to blur the lines between work and personal life. The average Ontario resident leads a tech-heavy lifestyle, making them more accessible than ever. Working from home has advantages, but never knowing when one is able to “shut off” pushed for a change in legislation.

What does this mean for employers?

The legislation doesn’t ban employers from sending communications to their employees at the end of office hours. It simply aims to protect the employee, but not allow them to be penalized for not responding to any correspondence outside of their normal working hours.

The law has also been left “flexible” to allow employers to tailor the written policies to fit the specific needs of their workplace. These policies should work for everyone, both employer and employee, while respecting health, safety and working hours legislation.

Do similar laws exist?

Back in 2017, France was actually the first national government to enforce the “right to disconnect” legislation. Following that, Belgium, Greece, Italy, Portugal, Slovakia, and Spain have also implemented “right to disconnect” codes, laws and directives.

Just last year, the European Parliament called for legislation, although it hasn’t happened as of yet. Ontario is the first jurisdiction to enforce it, and it’s likely that other provinces will follow suit.

The right to disconnect is fundamentally important to employees, especially those working in “hybrid” situations (working from home and occasionally in office) or who work remotely. Having the ability to achieve work-life balance is important, especially in the times we face now.