As the peak of the Omicron wave appears to have passed in Canada, some vaccine mandates across the country are being scrapped, and many employers are planning a return to the workplace. Some companies are eyeing hybrid work arrangements that provide a balanced remote and in-office model.
I’ve heard from lots of employees who are wondering what their employer can and cannot do when it comes to making new work arrangements. Here are the answers to some of the most common questions about basic employment rights when working from the office, from home or a hybrid of the two.
Do I have to accept changes to my job when I return to the workplace on a hybrid model?
The terms of your employment — including pay, duties and hours of work — can’t be changed because of the pandemic. If your employer tries to make negative adjustments to your job when you return to the workplace, such as cutting your pay or your hours, you may be able to treat that move as a termination and secure appropriate severance with help from an employment lawyer.
READ MORE: HBC employee’s ‘status change’ a lesson in constructive dismissals: employment lawyer
As an employment lawyer, I usually recommend sending an email or confirming in writing that you do not agree to the changes. If you continue working under the new changes, the more time that passes, the more likely it is that you could be consenting to the changes from a legal standpoint.
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Can my employer force me to sign a new employment contract when I return to the office?
Your employer can’t require you to sign a new employment contract simply because you return to the workplace as COVID-19 restrictions are lifted.
Some employers might offer permanent remote work or hybrid work arrangements in the coming months, but in exchange, require that employees sign a new employment agreement. These documents could, however, include new terms that might have a negative impact on your other employment rights.
READ MORE: What you need to know before you sign a contract — even if your employer asks you to
For example, a new contract could significantly reduce your severance entitlements when you are let go through a termination clause. In some scenarios, your employer could reduce the severance pay you should receive from 24 months’ pay to only eight weeks’ pay.
Employees should not sign a new workplace agreement before it is reviewed by an employment lawyer, like the team at my firm, Samfiru Tumarkin LLP. In addition to negotiating severance packages for tens of thousands of Canadians, our team also provides extensive contract reviews.
Can my employer force me to work remotely permanently?
Although many employees may wish to continue to work remotely, or adopt a hybrid model going forward, if you worked in the office prior to the pandemic, you are very likely entitled to return to the office full-time once it is safe to do so.
For many employees, working from home is a burden, particularly for those who live in smaller spaces or who have kids at home. If your employer tries to force you to work remotely on a permanent basis, you may be able to pursue a constructive dismissal.
READ MORE: Forced to take pay cut to continue working remotely? Here’s how you could get severance
Can I refuse to return to the workplace if my employer requires that I do?
If you worked from an office or in the workplace before the start of the pandemic, your employer would generally have the right to ask you to return once it is safe to do so. If you refuse to return and insist on working remotely on a permanent basis, you could risk losing your job and jeopardize your right to collect a severance package.
Are you being asked to accept changes to your job that you don’t agree with? Not sure if you should sign a new employment contract?
Use the Pocket Employment Lawyer to get fast answers to questions about your rights.
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in Ontario, British Columbia or Alberta. Get the advice you need — and the compensation you deserve.
Stephen LeMesurier is an employment lawyer at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice on Canada’s only Employment Law Show on TV and radio.