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ARTICLE · 18 MARCH 2021

Remote Work From Other Jurisdictions: What Employers Need To Know

MLT Aikins LLP
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Remote work has become the norm for many employers over the past year. With the flexibility to virtually work from anywhere...

CanadaEmployment and HR

Remote work has become the norm for many employers over the past year. With the flexibility to virtually work from anywhere, employers may receive more employee requests to continue the remote working relationship as they move to another province, or in some cases, another country.

Remote Work From a Different Jurisdiction in Canada

While it may seem like a harmless request, an employee moving into a different jurisdiction changes the employee's physical location of work, which in turn changes the jurisdiction that governs the employment relationship with the employer.

It is important to note that the "situs" or location of an employee's workplace is determined by the employee's primary location. A business trip, even if re-occurring or for a number of months, is unlikely to result in the employment relationship being governed by the laws of a different jurisdiction.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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