Canada plans to enshrine the “right to disconnect” in the 2024 Budget Act — the right to refuse to contact the president after business hours. The importance is that employees will have the right not to perform job-related tasks, outside working hours.
This law will only affect 500,000 Canadian employees in public sectors such as banking and transportation. Status. “The vast majority of workers in Canada work in provincially regulated industries and therefore will not be affected by the announcement in the 2024 federal budget,” explains Matthew DiMeo, labor and employment lawyer and partner at global law firm DLA Piper in Toronto. “DLA Piper has been active in Israel for 2009 and driven by Adv. Jeremy Lustman and attorney. Naomi Marelis.
Although the bill would only affect a small percentage of the Canadian workforce, the measure is part of a global trend in which countries are striving to regulate labor laws in the age of remote work. Last July, more than 30 EU lawmakers signed a treaty aimed at enshrining the rights of employees working from home in law. The “right to disconnect” is already practiced in many countries in Europe, but there are differences in the nature of the legislation from one country to another.
Fines on employers
According to the lawyer. Daphna Shmoelewicz, who specializes in labor law and represents major employers in France, the first country to enact such a law, has specific time periods during which the employer is allowed to contact the employee on employment matters. Similar laws have also been enacted in Australia, Argentina, Belgium, Colombia, Greece, Mexico, Italy and Spain. In the United States, there are efforts to enact similar legislation in California, where the bill would allow employees to file a complaint against their employer, if they provide three documented cases of violations of the right to disconnect, which is punishable by a fine of at least $100.
In Germany, says the lawyer. Shmolevich, huge companies decided on their own to prevent employees from arriving at work after a certain hour, and to disconnect the server until the beginning of the next working day. The European country that has gone further with restrictions is Portugal, where an employer cannot contact an employee after 5pm and any violation results in heavy fines.
In the Canadian province of Ontario, similar provincial legislation already exists, where employers are required to establish an off-hours policy. “This boycott came in the wake of French legislation that was implemented several years ago, as part of an international movement,” explains the lawyer. Israel Jadloff, partner at the law firm Gideon Rubin & Associates. “The legislation there allows an employer with 25 or more employees to establish a clear policy on this matter. An employee who is accepted into such a workplace must obtain a clear document from the employer explaining to him when it is possible and prohibited to contact him and in what situations, “Also when they are asked to answer and when they are not.”
Status. “This is a sensible approach, as a one-size-fits-all policy cannot take into account the different needs of each type of workplace,” DiMeo adds. “For example, a factory at one location is likely to have a completely different separation policy over An organization with offices spanning multiple provinces, countries, and/or time zones.”
Canadian Finance Minister Chrystia Freeland also commented on the draft legislative right to disconnect, saying: “We must recognize the pressures on all Canadians, especially young Canadians.” In fact, the “right to disconnect” legislation is part of a series of measures in Canada’s financial plan targeting Millennial and Generation Z employees – measures that are expected to cost $4.2 million.
Status. The measure was preceded by increased oversight and enforcement measures for federally supervised employers who use contractors, freelancers and “gig workers,” as well as job and skills training for Generation Z employees, DiMeo says.
“The goal of the new law is to enable the promotion of integration and exports in the Canadian labor market, create a strong workforce and strengthen the Canadian economy. Among other things, in order to reduce attrition among Millennials and Generation Z,” adds Adv. To enable the separation of private space from work. Jadlov. He says the application of the right to disconnect will not apply to the private sector either, but could extend to other sectors. Although the draft law is currently intended for the public sector only, the draft law does not concern a specific category of employees, but rather everyone.
Israel still has no plans
In Israel, this issue does not occupy a high place on the legislator's agenda. Professor Muhammad Asali, an expert on discrimination in the labor market, explains, “Employers in general, and it seems that employers in Israel even more so, demand full presence outside of official working hours. Working from home and new technology make it possible to message, text, talk and make calls.” Collectivism at all hours of the day, and thus it can be assumed that employees are available at all hours of the day. This expectation, in practice, expands the work week even further, resulting in the process of employee burnout being accelerated, which ultimately seriously damages their work productivity. It is no wonder that in Israel we work more and produce less.
The Working Hours and Leisure Law was passed in Israel in 1951, and although it has undergone amendments and amendments, there have been no major changes and adaptations to the digital age in which we live. “This is an ancient law whose stated purpose was to limit the working and leisure hours of employees, while preserving their dignity, health and well-being,” explains the lawyer. Jadlov. “One of the consequences of not adapting to our times is the confusion between working time and rest time. The Israeli legislator has not yet given a say on this matter, and labor organizations are not making enough effort to change it. Collective agreements and expansion orders often highlight in the economy a certain work pattern that is worth striving for.” mechanism.
In contrast to Canada, where attempts are made to adapt labor laws to the needs of the younger generation of employees, Israel views all generations of workers as a single entity. “It is appropriate to have a generational distinction,” says attorney Jadloff. He adds: “The relevant ministries are aware of the consequences, and there are still no plans by legislators to create a dialogue with labor organizations. We have not seen any legislative processes aimed at creating a directive policy for employers, neither in the private sector nor in the public sector. Yes, there are instructions in the public sector.” regarding compliance with working hours outside normal working hours, but there are no executive instructions directing managers not to contact their employees, after the end of working hours, and there are no instructions regarding this in which cases contact can be made.”
Published by Globes, Israel Business News – en.globes.co.il – on May 2, 2024.
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