Employee rights and hybrid work arrangements

The COVID-19 pandemic has drastically changed the way we work. At the start of the pandemic, while many businesses resorted to laying off their staff, many others shifted to either fully remote or hybrid work arrangements. Now nearly two years into the pandemic, many of us are still working remotely.

However, the tide is shifting as there has been a gradual reopening of restaurants, concert halls, bars, stadiums, and other venues, and proof of vaccination requirements have already been lifted in certain provinces. Workers can therefore expect to suit up again and return to the office after two years of working from home.

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• Vaccine Passports Ending in Ontario: The Facts
• Proof of Vaccination in British Columbia: The Facts
• Alberta COVID Restrictions: What You Need to Know

The one certain thing resulting from the pandemic is that hybrid work arrangements will become the norm for many workplaces. For employees returning to the office with hybrid work arrangements, what does that mean for your legal rights?

What does hybrid work mean?

Hybrid work is defined as a flexible work model that combines the in-office and remote work options. This preference allows employees to choose how and where they work in a manner that is most productive for them.

Do employers have to give employees a hybrid work option?

Employers are not required to provide employees with hybrid work options, and they can legally ask their employees to return to the office, including in provinces like Ontario, B.C. and Alberta.

WATCH Lior Samfiru, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP, joins The Morning Show on Global to answer questions about hybrid work, returning to the office, and more.

Do employees have to accept changes to their job when returning to the office?

Employees should not accept changes to the terms of their employment without speaking to an employment lawyer. In fact, if your employer is forcing you to accept certain changes upon returning to the office, such as changes to your pay, hours, job location, and so on, that may be considered a constructive dismissal of your employment, and you should contact our firm immediately.

Your employer can always say: return to the office or you will lose your job. However, your employer will be required to pay you severance upon termination, and an employment lawyer at Samfiru Tumarkin LLP can help you secure that compensation.

LEARN MORE
• Employment lawyer on the hybrid work model
• What are employee rights in a hybrid work model?
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Can your employer force you to sign a new employment contract?

If your employer is asking that you sign an entirely new employment contract, it is critical that you do not sign it without contacting an employment lawyer from our firm to review the new contract with you, as the contract may significantly impact the existing terms of your employment.

However, employers can legally, and likely will implement hybrid work arrangement policies, which will be used to set expectations and guidelines for hybrid workers. Such a policy would be considered an addition to your original employment contract with the organization. It is important to carefully review these policies with an employment lawyer at Samfiru Tumarkin LLP to make sure you understand your rights and obligations.

Can an employer decrease an employee’s salary if they decide to work from home?

Your employer cannot dock your pay because you are not working in the office. However, an employer may potentially be able to pull back certain reimbursements you may have received before, such as reimbursements for travel expenses and things of that nature.

Can employees negotiate a different work model post-pandemic with their employer?

More than ever, employers are willing to discuss permanent hybrid and remote arrangements. If you are an employee who wishes to work from home entirely or on a hybrid model, you should absolutely discuss this option with your employer as there is usually room to negotiate.

Are you entitled to severance if you’re facing a COVID-19 layoff?

As employers start asking employees to return to the office, we may see a trend of employers laying off or terminating some of their workforce. If you are in this situation, be sure to contact an employment lawyer at Samfiru Tumarkin LLP immediately, as you are likely owed significant severance pay.