The Working for Workers Act, 2021 (the "Act")¹ became law when it received Royal Assent on December 2, 2021. The Act introduces significant changes to employment laws in Ontario, including the following:

• Requirement that employers with 25 or more employees institute a disconnect from work policy;
• Prohibition on employers from entering into non-compete agreements with employees, with limited exceptions; and
• Requirement that temporary help agencies and recruiters obtain a license to operate in Ontario with a prohibition against a recruiter or employer charging fees to foreign nationals.

These changes are discussed in more detail below.

DISCONNECT FROM WORK POLICY

The Employment Standards Act, 2000² was amended effective December 2, 2021 to require employers with 25 or more employees to institute a written policy for all employees permitting the right to disconnect from work. Disconnecting from work is defined as "not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work".

Employers will have until June 1, 2022 (six months from the time the Act received Royal Assent) to comply with the requirements of the written policy on disconnecting from work. Regulations are expected to come into effect in the future which will prescribe the terms required to be contained in the policy.

PROHIBITION OF NON-COMPETE AGREEMENTS

The Employment Standards Act, 2000...

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