The law prohibiting the boss from calling after work and the chance that he will come to Israel

In Canada, they intend to enshrine in the budget law for 2024 the “right to disconnect” – the right to screen the boss after working hours. This means that employees have the right not to perform work-related tasks beyond office hours.

This is a law that will only apply to about 500,000 of the Canadian workers, in public sectors such as banking and transportation. Attorney Matthew Dameau, a partner in the labor law department at the offices of the global law firm Dla Piper in Toronto, explains that “the vast majority of workers in Canada are employed by provincially regulated industries, and as such will not be affected by the announcement in the federal budget for 2024.”

Although the proposal will affect only a small portion of the Canadian workforce, the move is part of a global trend of countries working to regulate labor laws in the age of remote work. Last July, more than 30 legislators in the European Union signed a treaty with the aim of enshrining in law the rights of home workers. The “right to secede” is already practiced in several countries on the continent, but there are differences in the nature of the legislation from country to country.

Fines for violating employers

According to attorney Dafna Shmoelwitz, who specializes in labor law and represents large employers, in France, the first to enact this law, there are defined periods of time in which the employer may contact the employee regarding work matters. Similar laws have also been enacted in Australia, Argentina, Belgium, Colombia, Greece, Mexico , Italy and Spain. In the US there is an attempt at similar legislation in California, where the bill will allow an employee to file a complaint against the employer if he presents three documented cases of the violation of the right to disconnect, which is punishable by a fine of at least $100.

In Germany, says Attorney Shmoelwitz, huge companies have decided on their own initiative to deny an employee access to work after a certain hour, and take down the server until the beginning of the next working day. The European country that has gone the furthest with the restrictions is Portugal, where the employer cannot contact the employee after 5 p.m. :00 and the violation results in significant fines.

The province of Ontario in Canada already has similar provincial legislation, according to which employers are obliged to produce a policy for working outside working hours. “This district followed French legislation that was made several years ago, as part of an international move,” explains attorney Israel Gadalov, a partner at Gideon Rubin & Co. “The legislation there allows an employer with 25 or more employees to create a clear policy in this aspect. An employee who is accepted into such a workplace should receive a clear document from the employer explaining to him when it is possible and forbidden to contact him, in which situations, and also when he is obligated to answer and when he is not.”

Canadian Finance Minister Chrystia Freeland also commented on the legislative proposal for the right to secede, and noted that “we must recognize the pressures that all Canadians, but especially young Canadians, are under.” Indeed, the “right to opt out” legislation is part of a series of measures in the Canadian fiscal plan aimed at Millennial and Generation Z workers – measures expected to cost $4.2 million.

According to Attorney Demau, this step was preceded by increased inspections and enforcement measures on federally supervised employers who use contractors, freelancers and “sleazy workers”, as well as job and skills training for Generation Z employees.

“The goal of the new law is to enable the encouragement of assimilation and exportation in the Canadian labor market, to establish a solid workforce and strengthen the Canadian economy. Among other things, for the sake of reducing the attrition of the millennial generation and Generation Z and to enable the separation of private space and work,” adds Attorney Gadlov According to him, the implementation of the right to disconnect will not apply to the private sector either, but it has the potential to lead to other sectors. Although it is currently only intended for the public sector, the bill does not belong to a certain type of employee, but to everyone.

Israel still has no direction

In Israel, the issue is still not high on the list of priorities of the legislator. Prof. Muhammad Asli, an expert on discrimination in the labor market, explains that “Employers in general, and it seems that employers in Israel more than enough, demand full availability beyond the official working hours. Working from home and the new technology make it possible to correspond, send, talk, and hold conference calls at all hours of the day, and It can be assumed that workers are available at all hours of the day. This expectation, in practice, lengthens the work week even more, accelerates the burnout process of the workers, and ultimately seriously damages their work productivity. No wonder we work more and produce less.”

The Working Hours and Rest Law in Israel was enacted in 1951, and although it has undergone amendments and changes, it has not seen significant changes and adaptations to the digital age in which we live. “This is an archaic law whose stated purpose was to define the hours of work and leisure for employees, while maintaining their dignity, health and well-being,” explains Attorney Gadlov. To date, the Israeli legislator has not given his opinion on the matter, and the workers’ organizations are not pushing hard enough to change it. Many times, collective agreements and expansion orders project a certain work pattern into the economy that should be marched towards.”

Unlike Canada, where they try to adapt the labor laws to the needs of the younger generation of workers, in Israel they look at all generations of workers as one. According to Attorney Gadlov, “It is appropriate that there be a distinction between the generations.” He adds that “the ministries concerned are aware of the consequences, and there is still no direction on the part of the legislator to create a dialogue with labor organizations. We have not seen any legislative processes designed to create a guiding policy for employers, neither in the private nor in the public sector. Yes, there are guidelines in the public sector about reporting hours beyond normal working hours, but there is no operative guideline that directs managers not to contact their employees after the end of working hours, and there are no guidelines in which situations contact can be made.”