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A ‘ding’ indicating a new text or email has arrived on your cellphone or laptop is often too tempting to ignore for most people, especially when it’s work-related and even if it’s outside of what’s considered regular work hours.
The creation of the Working for Workers Act, 2021 aims to change this by requiring employers to develop a policy related to the right for employees to ‘disconnect’ after work, as well outlines prohibition – with a few exceptions - on non-compete agreements.
“Ultimately, it’s about mental health and making sure people can have that perspective on it and companies are supporting those decisions,” says Frank Newman, who operates Cambridge-based Newman Human Resources Consulting. “The end result is a more productive work environment, but we’ve got to change our habits because we’ve gotten so used to emailing or texting late at night.”
The new Act requires that as of Jan. 1 of any year, employers with 25 or more employees must have a written policy in place before March 1 of that year with respect to having workers ‘disconnect’ from their jobs. As it stands, employers will need to have a policy prepared by June 2 of this year.
“Most will start from scratch and there will be quite a few policies that can be impacted by this,” says Frank, adding employers could begin by examining any current hours of work, or overtime policies they may already have in place.
However, he says the process doesn’t have to be a daunting task and should begin with some clear discussion between employers and their employees around expectations, on both sides.
“This is a great opportunity to really have an open dialogue with employees and start working on the question of what can you do to increase their performance during office hours, and how do they feel about disengaging,” says Frank, noting it’s hard, especially for those working at home, from keeping close watch on their cellphones or tablets. “This is not a ‘do or die’ policy that deals with laying off people or increasing wages. This is basically looking at the working environment to see if it’s productive and are employees happy and feeling comfortable after shutting down.”
“For example, look at the way we structure emails. Do you always put ‘urgent’ in the subject line? Do you copy all your co-workers in every email?,” he asks, adding some workplaces have created times during the week where no meetings are scheduled to give employees the chance to work, or encourages them to take breaks. “There is a whole bunch of productivity protocols that companies can look at as part of this. But companies need to be creative with this, otherwise people are just going to fall back into old habits.”
For starters, Franks says it’s imperative that companies define what are ‘regular’ working hours and the expectations they have for employees surrounding them.
“But more importantly, it’s about how you define what those expectations are after working hours and during emergencies,” he says, adding this is especially important for companies with offices located in other time zones. “You also have to think about how you contact with people when they are on sick or maternity leaves, again, respecting their right to disengage.”
Also, Franks says companies must define if this policy will apply to everyone. “For example, if you’re vice-president of finance you may not be able to disengage during off hours,” he says. “But obviously, the intent of this is to turn everyone off if you can which is very difficult in this day and age.”
In terms of setting up a policy, Frank says it should start with a shift at the management level explaining leaders of the company may have to try and curb themselves from sending emails or messages after hours.
“Even if they’re texting or sending emails among themselves at those times, that’s going to filter through the organization,” he says.
But ‘disengaging’ is only one aspect of the Act. Another is the banning of non-compete agreements that prevent employees from exploring other opportunities, apart from ‘C-Suite’ executives.
“This is a good thing,” says Frank. “But it could be a little challenging for companies because they could lose some of their talent to competitors.”
However, he says having a comprehensive policy in place could also become a valuable tool to entice new talent, a bonus considering the ongoing labour shortages in many sectors.
“It’s also a positive way to be able to attract employees because many are looking for more time off and more flexibility,” he says. “Companies can develop these policies as a positive way to say this is our values and this is our work culture. There’s really no risk to this.”
However, Frank admits it remains yet to be seen how the Province can enforce this Act, noting it will probably fall under governance of Employment Standards. “This is going to be a challenge,” he says. “Trying to get the government to respond at the best of times can be a challenge.”
For more, visit: https://bit.ly/3qtsMfP
Working for Workers Act at a glance:
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The Cambridge Chamber of Commerce is easing its way back into hosting traditional events.
After more than 20 months since the pandemic began, the Chamber is set to host its first in-person Business After Hours event on Dec. 13 at Four Fathers Brewing Co. in Hespeler.
Chamber President and CEO Greg Durocher says is an important step for the organization. “It’s a priority for the Chamber to start getting back to in-person events,” he says. “But whether they will be ‘normal’ as we all remember them, that probably won’t happen for some time.”
In fact, Greg expects future Chamber events will be of the ‘hybrid’ variation to a certain degree, providing Members the chance to attend in-person or remain in a virtual setting.
“That’s going to be for the benefit of everybody,” he says. “But we will certainly provide Members with value in regard to our content the best that we can.” He says having an in-person Business After Hours event is important to many Chamber Members.
“It’s important for people doing business in the community to have an opportunity to meet safely with others face-to-face,” says Greg, noting the importance of following strict safety protocols and restrictions set out in the Province’s Reopening Ontario Act.
As a result, participants will not only have to register in advance, but proof of vaccination is required as well as identification that matches that material. Just like restaurants, the provincial QR code will also be utilized at the event.
“Most of our events take place in other venues, such as conference centres, restaurants or meeting rooms that are not ours,” says Greg, noting regulations set out in the Act apply to these locations.
As well, the Cambridge Chamber Board of Directors recently passed a mandatory vaccination policy for the Chamber office for staff and visitors arriving for meetings or programs. Those with a valid COVID-19 vaccination exemption, or having valid documentation to present, will be required to take a rapid antigen screening test before entering. These tests will be provided by the Chamber at no cost.
“These are precautionary measures put in place on behalf of the staff because our staff want assurances they are working in a safe environment and we’re doing whatever we can do to make sure that happens,” says Greg, adding like many businesses, the Chamber office is also covered under the Reopening Ontario Act and is entitled to invoke a vaccination policy.
Creating a safe environment will also be key at the Business After Hours event which is why the Chamber will provide colour-coded lanyards to participants when they arrive.
“Each colour will indicate that person’s comfort level of contact,” says Greg, noting that physical distancing and masks remain important. “Some people are very anxious to get out and meet others in-person, and others are anxious to get out and meet but aren’t quite comfortable enough to do so.”
Business After Hours takes place from 5-6:30 p.m. For more, visit https://bit.ly/3pdiUVI |
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The pandemic has created new opportunities for many workplaces.
The terms ‘hybrid’ and ‘flexible’ have become commonplace as companies and businesses formulate plans for their staff to return to a work environment that’s going to be far different than the one many left when the pandemic first struck in March of last year. But that return won’t come without its challenges.
“We’re seeing a ton of anxiety out there right now as more and more employers start thinking of having people come back to the office,” says Frank Newman, who operates Newman HR.
A survey conducted by KMPG Canada in the spring as vaccinations began to ramp up showed that 81% of Canadian workers were worried their employers and managers were not equipped to handle a return to work properly, and nearly two thirds of those surveyed wanted to go back to their workplaces but COVID-19 remained their core reason for reluctance. In fact, 68% said that working alongside colleagues who may be sick or asymptomatic was a top concern.
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In effort to quell the concerns of returning employees, he has been recommending to clients they create an open dialogue with their team to identify their worries or fears.
“It’s a little like when an employee returns from a maternity or parental leave. We just assume everything is the same but what we don’t realize is that they have undergone a bit of profound psychological change and I think we kind of had that experience working at home,” says Frank. “Companies have to try and understand what might have happened in employees’ lives while they were away. Some of us may have had loss and some of us may have had catastrophic things happen.”
Therefore, he says employers need to create or enhance their Employee Assistance Plans, especially around access to counselling, financial or legal supports – not just health, RRSPs and dental benefits.
“I think more companies have recognized how stressed people have been,” says Frank, noting some employees may be reluctant to access these supports fearing word may spread in the workplace. “These programs are run with the highest sense of ethics in place in terms that nothing gets shared, even with your HR department. There shouldn’t be any fear about utilizing an EAP program if you have one.”
As well, he says vaccination policies are a huge concern and appear to be ‘all over the map’ in some workplaces and stressed that whatever stance a company takes regarding its own policy, it should be clearly defined for the employees.
“You want to make sure you’re talking about why you’re doing a policy, regardless of what it is because people need to know,” says Frank. “We want to keep people feeling safe at work.”
He says optimism appears high right now regarding bringing workers back and expects to see even more people return starting in January.
“I’ve got clients in virtually every sector. And the most challenging time right now is in the restaurant and food services industry,” says Frank, explaining vaccination passports and the fact fewer people have been dining out are continuing factors hitting this industry hard.
Also, he says workplaces with an office and a production/manufacturing component also may see the natural divide between the two widen since the office workers likely were allowed to work from home during the pandemic.
“Companies have to be thoughtful about how they show appreciation to those people who’ve been at the workplace every day,” he says, adding celebrating the return of employees in a positive way would also be beneficial. “I like the idea of giving something tangible, like a gift card perhaps.”
Frank says connections must be cultivated as people return to their offices.
“What we’ve learned from this whole process is that finding ways to connect with people is so important,” he says.
For more information, visit Newman Human Resources or contact Frank Newman at 519.362.8352.
Things for employers to consider as outlined by the Harvard Business Review:
Do:
Don’t:
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Brian Rodnick 98 May 20, 2022 |
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Greg Durocher 40 June 25, 2021 |
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Canadian Chamber of Commerce 24 January 29, 2021 |
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Cambridge Chamber 2 March 27, 2020 |