Employment lawyer on the hybrid work model and flexibility after COVID-19

Interview Summary

In a recent survey on behalf of Bloomberg News, nearly forty percent of respondents expressed a desire to continue working from home and would consider resigning from their positions if not offered a flexible work arrangement. Employees at major companies like Apple and Google have also expressed concerns about a full-time in-office schedule.

What could this mean for employers as public health and safety measures lessen? A Toronto employment lawyer at Samfiru Tumarkin LLP joins Global News Radio 640 to speak with Jeff McArthur about the hybrid work model.

Interview Notes

Will there be a conflict between employers and employees when it is time to return to the office?

There could potentially be some conflict between employers and employees as there are growing concerns that many employees who have been working remotely no longer wish to return to the office, across various industries.

Can employers force employees to return to the office?

Legally, employees do not have an inherent right to work from home. There are certain instances in which an employee can be permitted to work from the home, such as a medical disability or a childcare obligation. Generally, employees will have to return to the office if requested by their employers.

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Returning to the office post-pandemic

Should employees start to discuss the return to work arrangement with employers?

It is important to keep in mind that Apple was proposing a hybrid schedule for Apple employees and not simply a return to the office. Employees should try and communicate their concerns in a business context and provide evidence of their productivity and effectiveness while working from home if they wish to continue doing so.

Can employees move or travel while working from home?

Employees should bear in mind that if they have moved to a different province or even country, there are different employment laws and legislation in place. There are also issues concerning taxation if income is earned in other provinces or countries that can affect an employer.

Will more employees be expressing a desire to continue working from home?

As more public health measures continue to decrease, this does seem to be a growing concern expressed by employees. As many workplaces had to invest in infrastructure to ensure the working from the home model was efficient, it will be interesting to see which employers choose to implement a permanent hybrid model.