Budget 2024 proposes right to disconnect for workers
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Canada’s Federal Government in Budget 2024 proposes changes to workplace legislation!
On April 16, 2024, the Federal government released its budget for 2024 which proposed several amendments to the Canada Labour Code (the “Code”), as well as changes to the Employment Equity Act.
On May 2, 2024, the Federal Government introduced Bill C-69, entitled An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024 (Budget Implementation Act, 2024, and Right to Disconnect.
The Budget Implementation Act proposes to amend the Code by introducing a new Division in the Code requiring federal employers to establish and periodically update a policy on disconnecting from work-related communications. The policy would not apply to any employee who is exempt from certain hours of work provisions under the Code.
Pursuant to the proposed Act, the policy would have to include:
- A general rule respecting work-related communication outside of scheduled work hours;
- The employer’s expectations and an opportunity for employees to disconnect; and
- Any exceptions to the rule.
Employers would have to consult their employees in the development and updating of their policy and provide employees with a 90-day period to comment.
This Division of the Code would not apply to a unionized employer if a union and the employer agree that the collective agreement meets its requirements. In case of a discrepancy between the policy and the collective agreement, the collective agreement would prevail.
Employers would have one year from the date the requirement comes into force to develop a policy. The policy would need to be updated every three years and be posted in the workplace. Additionally, employers would have to provide a copy of their policy to every employee within 30 days of its application.