Right-to-disconnect policies included in new labour legislation being introduced by Ontario government

The Ontario government is introducing new legislation that would require large employers to put in “right to disconnect” policies and bar non-compete clauses. 

The legislation would require employers with 25 or more employees to develop disconnecting-from-work policies, which could include expectations about response time for emails and encouraging employees to turn on out-of-office notifications when they are not working.

Monte McNaughton, Minister of Labour, Training and Skills Development will introduce the Working for Workers Act, 2021.

“Make no mistake, the bill supports the people or our province who work hard, put in a good shift and take pride in a job well done,” McNaughton said during a media briefing on Monday.

“This is a bill that leaves no one behind.”

McNaughton’s legislation marks the PC party’s latest appeal to workers — a key voting group in the 2022 election.

Earlier in October McNaughton unveiled new rules for temporary work agencies, including a system to shut down temp firms that violate employment standards. The government is also creating a dedicated team of inspectors to root out illegal treatment of temporary workers and recover unpaid wages. McNaughton said COVID-19 has changed the way we work, leaving too many people behind, struggling to put food on the table and make ends meet for their families.

He said these rules will further rebalance the scales.

“Today’s proposed legislation shows Ontario is ready to lead the way into the workplaces of tomorrow, and create the conditions that will make talented, innovative people want to work in our great province.” he said.

Meanwhile, McNaughton said he doesn’t want Ontario to become a place where people burn out from endless work, and where family time comes last.

“This is an issue that’s been really highlighted because of the pandemic,” McNaughton said. “The lines between family time and work time have been blurred. I think all of us have faced challenges over the last couple of years.”

Legislation prohibits use of non-compete agreements

The proposed legislation will also prohibit employers from using non-compete agreements. These types of contracts often restrict employees from taking new jobs with another business in the same field after they leave the company.

The government said the proposed changes would ban this unfair restriction to help workers in Ontario advance their careers and earn more money.

Employers would still be able to protect their intellectual property through narrower clauses, the government said.

The legislation would also make it easier for immigrants to get licensed to work in professions that match their area of expertise, require temporary help agencies to be licensed, and require businesses to let delivery drivers use their washrooms.

Sari Abdo, co-founder and CEO of the Toronto-based start-up hungerhub, said the the requirement of allowing drivers and couriers to be able to use the bathrooms within on their route directly affects his emloyees.

He also welcomed the work-life balance initiative, saying it’s is important to his company.

“We see it as a very important part of doing business,” Abdo said at Monday’s briefing.

Hungerhub​​ provides meal delivery to workplaces.

CBC