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Critical Responses to the Working for Workers Act

BONITA EBY

What does the new Act mean for Ontario organizations?

Earlier this month, the Legislative Assembly of Ontario passed Bill 27, the Working for Workers Act. 1

According to the Province of Ontario, the Act requires "employers with 25 or more employees to have a written policy about employees disconnecting from their job at the end of the workday to help employees spend more time with their families.” 2 According to the Government of Canada, constant connection “carries health risks when it is not balanced against the need for rest. Risks include anxiety, depression, and burnout.” 3

The Disconnect From Work Policy ensures employees do not engage in work-related communication such as emails, phone calls and text messages beyond their regular work hours. The intent is that employees be free from expectations to perform work-related tasks during off-duty hours.

The new Canadian policy follows several European countries that have introduced the right to disconnect legislature, including Ireland, Spain, France, Italy, and Portugal. 4,5,6

The new mandate comes in response to employees working more hours during the pandemic than previously. Much of the concern lies in having little to no work-life balance, which can be a source of mental health issues and lower productivity.


Has the Act gone too far?

There has been an ever-growing trend toward employers expecting employees to respond to communication round the clock. Even when that is not the case, many employees feel pressured to respond to emails, texts, phone calls and even social media related to work to show they are team players. While this new legislature is a step in the right direction for preventing workplace burnout, has the legislation gone too far?


Questions the Act raises

  • What happens when an organization regularly responds to people’s crises or situational crises?

  • How can managers communicate with their employees most effectively?

  • What policies can Human Resources professionals implement to support both the organization and employees?

  • What does it mean for C-level executives if they cannot legally ask for work to be done after hours?

  • What can employees do to support and maintain their work-life balance and mental health?


Workplace Culture is the real issue

With the rise of remote and hybrid work models, work-life balance has become a serious challenge for both leaders and employees. As a result, the separation between work-life and home-life has become blurred.

In an organization with a healthy company culture, C-level executives, managers, and employees are crystal clear on when employees are expected to work and when they are not. This includes clear guidelines on meetings, responsibilities, and communications. But in many organizations, stated values and lived-out values differ substantially. By implementing healthy workplace culture initiatives, both organizations and employees will benefit.


How organizations can respond to the Working For Workers Act

Considering the intent to provide work-life balance for employees and prevent undue stress and burnout, how might organizations respond?


6 Policy Responses

1. Communications Policy

Provide clear expectations regarding email, text, and phone response times. This should also encompass workplace chat platforms, such as Slack.

2. Meeting Policy

Create guidelines for when employees may engage in meetings, including virtually.

3. Hybrid Work Policy

Clearly indicate when employees are meant to work from home, at the office, or on-site, depending on your organization's circumstances.

4. Emergency Communications Policy

Draft a policy to indicate what constitutes an emergency and which modes of communication may be required. Include notes on what may be required of employees during an emergency.

5. Overtime Policy

Create a policy around overtime and after-hours work. For instance, what do employees receive in return if they work overtime or respond to an emergency? Measures may include time off in lieu of overtime, extra vacation time, or extra income.

6. Stress Leave, Burnout and Compassion Fatigue Policies

Many organizations have stress-leave policies, and this is a great start. Depending on your organization, a burnout or compassion fatigue policy may also be required.


5 Work-life Balance Responses

1. Establish Realistic Deadlines

Set realistic deadlines that work in real life. Make sure deadlines are clear, achievable, and fair.

2. Connect Regularly

Establish regular weekly communications with employees. Managers who help employees prioritize, work through challenges, and listen empathetically support their productivity and well-being.

3. Use Effective Evaluations

Arrange quarterly evaluations to keep everything on track. Leaders who provide regular evaluative check-ins work through challenges before they become serious issues for the employee or the company.

4. Provide Technology Resources

Ensure employees have access to technologies that assist their productivity. This goes beyond simply hardware, such as computers and printers. There may be apps or software that would enable employees to complete their work more effectively and efficiently. This translates into greater profits for organizations and often greater employee engagement, retention, and productivity.

5. Encourage Self-Care

Companies that encourage their employees to use their Workplace Wellness Program, Employee Assistance Program, benefits, and health spending accounts support their employees’ physical and mental health. In addition, providing workshops and training for employees around burnout prevention, resilience, mindfulness, compassion fatigue, and self-care will help leaders and workers live healthy lifestyles that support their well-being. Healthy, happy employees create healthy, happy organizations that thrive.


Useful Resources For Organizations


About the author

Bonita Eby is a Burnout Prevention & Organizational Culture Consultant, Executive Coach, and owner of Breakthrough Personal & Professional Development Inc., specializing in burnout prevention and wellness for organizations and individuals. Bonita is on a mission to end burnout. Get your free Burnout Assessment today.


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References

  1.  McNaughton, M. (2021, December 2). Working for Workers Act, 2021. Legislative Assembly of Ontario. Retrieved December 13, 2021, from https://www.ola.org/en/legislative-business/bills/parliament-42/session-2/bill-27.

  2. Working for Workers Act, 2021. Ontario newsroom. (2021, October 25). Retrieved December 13, 2021, from https://news.ontario.ca/en/backgrounder/1001032/working-for-workers-act-2021.

  3. Gouvernement du Canada. (2021, December 3). Government of Canada. Canada.ca. Retrieved December 13, 2021, from https://www.canada.ca/en/employment-social-development.

  4. Kelly, L. (2021, April). Introduction to codes of Practice. Workplace Relations Commission. Retrieved December 13, 2021, from http://www.workplacerelations.ie/en/what_you_should_know/codes_practice/.

  5. The "right to disconnect"– what is it, why is it important and how can you support your employees with their right to disconnect? Dentons. (2021, August 19). Retrieved December 13, 2021, from https://www.dentons.com/en/insights/articles/2021/august/19/the-right-to-disconnect.

  6. Associated Press. (2021, November 5). Portugal protects employees with new rules on home working. AP NEWS. Retrieved December 13, 2021, from https://apnews.com/article/coronavirus-pandemic-business-lifestyle-europe-health-3ac9da7707ce270d98d392c94154b909.