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ARTICLE · 07 FEBRUARY 2019

Working Remotely Or "Remotely Working"? What Every Employer Should Know (And Do)

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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It can be called many things: working from home, working remotely, telework, telecommuting, etc. But the result is the same — an employee performs their duties outside of the workplace including, in many cases, from their home.

CanadaEmployment and HR

It can be called many things: working from home, working remotely, telework, telecommuting, etc. But the result is the same — an employee performs their duties outside of the workplace including, in many cases, from their home.

There may be sound business reasons for allowing employees to work remotely, but what are some of the legal considerations? This article covers some essential legal issues every employer should know about and policies that should be adopted on remote working arrangements.

Do employees have a right to work remotely?

No. An employee does not have an inherent right to work from home or other location.

Employees may, however, become entitled to work from home by the terms of their contract, a workplace policy, or if management has agreed to or tolerated the practice. A right to telecommute may also arise if it is part of an accommodation under human rights law (e.g. the employee has a disability arising from a physical injury limiting

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