VIDEO: Problems with Enforcing the Right to Disconnect Policy


By Tejpreet (Tanya) Sambi


In our 5th video in our new series “Understanding the Right to Disconnect Law”, Tanya Sambi, Employment Lawyer at Minken Employment Lawyers, discusses some of the Problems with Enforcing the Right to Disconnect Policy.

In this series we will be examining various issues concerning the Right to Disconnect Law.

The biggest problem with enforcing the Right to Disconnect law relates to the employer’s inability to know whether employees are complying with the policy or not.

The reason for the employer’s inability to know is because any breach would likely not have occurred on the employer’s premises. The employer will not be at the employees’ home policing what the employee is doing.

This inability to monitor the employee’s work, raises a conundrum of issues. For example, employees who are terminated may raise illegitimate claims that the employer breached the policy with only the employee’s evidence being considered as to what work they did at home.

As a reminder, employers with 25 or more employees as of January 1, 2022 are required to have a written policy in place for all employees with respect to disconnecting from work, by June 2, 2022.

If you’re an employer who needs employment law help regarding the Right to Disconnect law, please reach out to us by phone 905-477-7011 or email at contact@minken.com.

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Please note this video is for informational purposes only and does not constitute legal advice.

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