The "right to disconnect" has come into effect in Australia, giving workers the legal right to ignore their bosses after work hours. The new law means employees cannot be punished for refusing to read or respond to contact from their employers outside work hours.
Some experts say Canada should hurry up on a proposal to follow suit. The Australian rule, which came into force on Monday, is the latest in a series of similar laws introduced in countries around the world.
In 2017, France pioneered rules on the "right to disconnect" and a year later fined Rentokil Initial 60,000 euros ($67,250) for requiring an employee to always have his phone on. Opeyemi Akanbi at the School of Professional Communication at Toronto Metropolitan University said advancements in technology have outpaced labour protections in much of the world.
"Everyone is connected to their devices. It’s very easy for work to follow you in ways it may not have been able to follow you in previous times," she said, adding that this has coincided with the rise of a work-centric identity.
Jared Lecker, a Toronto-based employment law expert, said Canada suffers a loss of productivity because of people feeling overwhelmed and being burnt out at work. "You can’t punish your employees for refusing to respond after work or outside of work hours," he said.
The Australian law gives workers the confidence to stand up against the steady invasion of their personal life by work emails, texts and calls, a trend that’s accelerated since the pandemic scrambled the division between home and work. Australians worked on average 281 hours of unpaid overtime in 2023, according to a survey last year by the Australia Institute, which estimated the monetary value of the labour at A$130 billion (US$88.30 billion or C$118 billion).
The change adds Australia to a group of roughly two dozen countries, mostly in Europe and Latin America, with similar laws. Lecker said the federal law is likely to look closer to the Ontario law than the one in France or Australia.
"If (the employer) were to violate that policy, it’s not clear what you could do as an employee to advocate for your rights," he said. The distinction between the Ontario policy and the one in Australia is clear punitive measures.
Will Canada get a law like this? In the 2024 federal budget, the Liberal government said it plans to introduce the "right to disconnect" to protect federally regulated workers from constant ringing and pinging off hours. But with the House of Commons set to return in September, there’s no clear timeline for when that promise could come.
Canada’s proposed "right to disconnect" is one of a series of measures in the fiscal plan targeting millennial and gen-Z workers, "many of whom have worked their whole careers without firm separation between work and personal time," the budget reads. In 2022, Ontario brought in a similar policy.
Conclusion
The "right to disconnect" is a significant step towards addressing the blurring of lines between work and personal life. As technology continues to advance and the world of work evolves, it’s essential that we prioritize employee well-being and productivity. By introducing similar laws, countries can promote a healthier work-life balance and encourage employees to disconnect and recharge outside of work hours.
FAQs
Q: What is the "right to disconnect"?
A: The "right to disconnect" is a law that gives employees the legal right to ignore their bosses after work hours and not be punished for refusing to read or respond to contact from their employers outside work hours.
Q: Which countries have similar laws?
A: Countries like France, Australia, and some European and Latin American countries have similar laws in place.
Q: Why is the "right to disconnect" important?
A: The "right to disconnect" is important because it promotes a healthier work-life balance, reduces the risk of burnout, and increases employee productivity.
Q: Will Canada introduce a similar law?
A: The Canadian government has announced plans to introduce a "right to disconnect" law, but there is no clear timeline for when this will happen.