Ontario employment lawyer on remote workers severance legislation

Interview Summary

The Ontario government recently announced potential legislation that would ensure remote workers receive severance pay in a mass layoff. This proposed legislation calls into question remote and hybrid worker rights. Are remote workers exempt from basic employment rights?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP spoke to 640 Toronto’s Kelly Cutrara on the proposed legislation and employee rights.

Interview Notes

• Current protections for remote employees: The protections already in place seem to provide adequate rights for remote workers. The proposed legislation could be seen as meaningless.
• Changes proposed for workers in a mass layoff: For most employees, rights are available beyond what is outlined in the Employment Standards Act. The proposed changes are primarily concerned with the minimum entitlements outlined in the ESA. This proposed legislation applies to the specific scenario in which fifty or more members of a company’s staff are let go which ultimately amounts to more than ten percent of the workforce. This is typically not an issue that often comes up for remote employees.
• Employer implements mass layoff: In the event that more than ten percent of a workforce is terminated in a mass layoff, employers would have a minimum obligation to provide notice. Employees in a mass layoff would still be entitled to their full severance pay.
• Need for other changes for employees: One of the biggest problems the government could address is the lack of protections available for dependent contractors which could have a big impact on employees.