Could Canada adopt work-from-home policy like the Netherlands?: Global BC

The Netherlands has become the first country to consider implementing a law that forces employers to allow employees to work from home as a protected right if their job allows it. Many businesses in Canada were forced to implement work-from-home policies as a result of the pandemic and since restrictions have lifted, have requested employees return to the office. Could this law be legislated in Canada?

A Vancouver employment lawyer at Samfiru Tumarkin LLP spoke to Global News BC on the possibility.

“It’s certainly possible. But the challenge with doing it in Canada is that we would need to deal with that at both the federal and provincial levels,” said the lawyer.

They added that the federal government could implement a policy for businesses that are federally regulated. “The vast majority of workplaces are provincially regulated, which means that it’s going to be on a province-by-province basis.”

The lawyer added that employees in Canada currently must return to the workplace if requested by their employers. “If an employee who has always worked from home refuses a sudden requirement to go into the office, then that could lead to “constructive dismissal,” they explained.

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• Hybrid working arrangements and employee rights

Ultimately the lawyer advised employees and employers to discuss their concerns. “The main thing that I always tell both employers and employees is that it’s best that they talk about it – figure out what the concerns are on both sides – and see whether or not they can make remote work possible.”

They added that employees should pursue legal advice if unsure of their rights. “And if an employer is trying to force an employee to go to work, then that might be a time to contact a lawyer and see whether or not they have a situation that requires them to be at home.”