Trends in Remote Work and Employment Law

Remote work has transformed from a convenient perk to an imperative aspect of many workplaces. The COVID-19 pandemic accelerated this shift, prompting companies to adopt remote work policies rapidly.

As we navigate this evolving landscape, it’s important to understand the legal implications and trends associated with remote work. As an employment and immigration law firm, we’re dedicated to helping businesses and employees navigate these complexities. This blog will explore key trends shaping remote work and discuss the legal considerations involved with this type of work.

Work Location Types

Office Only: Traditional office-centric setup.
Mostly Office: Predominantly office-based with occasional remote work options.
Hybrid: A blend of in-office and remote work.
Fully Remote: Entirely remote workforce.

The Shift Towards Remote Work

Remote work has emerged as a long-term trend, reshaping how we work, recruit talent, and conduct business. Many employees now expect remote work options, and employers increasingly embrace flexible work arrangements to attract and retain top talent.

Legal Considerations for Remote Work

While remote work offers numerous benefits, it also presents legal challenges for employers and employees.

Here are some key considerations:

• Employment Law Compliance: Employers must ensure compliance with employment laws and regulations, regardless of where their employees are located. This includes, for example, adhering to workplace safety regulations and anti-discrimination laws in both the employer’s jurisdiction and the jurisdiction where the employee is working.

• Tax Implications: Remote work can trigger tax implications for employers and employees. Employers may need to navigate tax laws related to payroll taxes, withholding requirements, and other related considerations if working abroad.

• Data Privacy and Security: Remote work raises concerns in relation to data privacy and security, particularly when employees handle sensitive information from home. Employers must implement strict cybersecurity measures and ensure compliance with data protection laws. Maintaining security in remote work environments is fundamental to healthy operations.
  • • Measures can include:

• • • • Avoiding public internet use;
      • Utilizing virtual private networks (VPNs);
      • Implementing Two-Factor and Multi-Factor Authentication;
      • Implementing a password policy;
      • Ensuring secure video conferences; and
      • Regularly backing up remote data.

• Immigration Compliance: For employees working remotely from a different country, immigration compliance becomes an important consideration. Employers must understand the immigration laws and visa requirements for remote workers in different jurisdictions.

Employment Structure and Legal Protections

The Employment Standards Act protects employees from undergoing significant alterations concerning the core aspects of their employment. This often means protecting employees from encountering unilateral changes to their work conditions. A “unilateral change” in employment denotes an action taken without the employee’s agreement.

Frequently Asked Questions

What happens if the employee was hired as a remote worker and is now asked to work in office?

The terms of the initial employment agreement are crucial.

For example, if the agreement explicitly states that the employee’s work is remote, and no provisions allow the employer to change the work location unilaterally, the employer may not have the legal right to require the employee to work in the office without the employee’s consent.

Such changes include relocation to a different geographic area or substantial shifts in job roles and responsibilities. These unilateral can often lead to claims of constructive dismissal.

Can I be fired for working from home?

If you were initially hired for remote work, altering this arrangement could potentially constitute constructive dismissal by the company. In such instances, you may have grounds to consider your employment as terminated without cause, potentially entitling you to a severance package.

However, the specifics of your entitlement would depend on applicable laws and the circumstances of your situation. Seeking legal advice is advisable to fully understand your rights.

Can my employer alter my role upon my return to the office?

In Ontario, employers are prohibited from implementing significant changes to an employee’s position. This includes any adverse changes to job titles, hours, pay, or duties.

However, it’s important to note that certain employment contracts may contain clauses permitting employers to modify key terms of employment.

Can my employer consider my job as abandoned if I don’t return to the office?

Employers may use the threat of termination or job abandonment if employees decline to return to the office. In Ontario, job abandonment is when an employee fails to report to work without a valid reason, leading to the termination of the employment relationship similar to a resignation. In such cases, the employer would not be required to provide severance pay to the employee.

Can I request a hybrid work arrangement?

In short, yes.

It’s important to note that while employers have the discretion to approve such requests, they are not obligated to do so unless there is a need for accommodation or in accordance with workplace policies and employment contracts. Hybrid workplace is not always possible to arrange for some professions and it’s often up to employer to decide if  that’s possible to implement in their workplace without harm to job duties outlined in employment contract.

Can my employer reduce my salary if I work from home?

No. Employers cannot lower an employee’s pay for working remotely.

What constitutes fundamental terms of employment?

During the hiring process, employment agreements outline the fundamental aspects of the employment arrangement, encompassing entitlements, duties, and limitations for both parties. This may include provisions regarding salary, benefits, retirement, workplace location, company policies, termination procedures, and non-compete agreements.

Of particular significance concerning the work site is the inclusion of a mobility clause granting the employer the authority to relocate the employee’s place of work to another geographical area.

How We Can Help

At Sultan Lawyers, we understand the legal complexities associated with remote work and are here to help businesses and employees navigate these challenges. Our team of experienced employment lawyers and immigration law lawyers can provide guidance on compliance issues, draft remote work policies, and offer strategic advice tailored to your unique circumstances.

Whether you’re an employer seeking to establish remote work policies or an employee navigating remote work arrangements, we’re here to assist. Contact us today online or by telephone at (416) 214-5111.