ТРУДО-ПРАВОВІ ОСОБЛИВОСТІ ДИСТАНЦІЙНОЇ РОБОТИ В КАНАДІ

In the article, the author has analysed the peculiarities of remote work regulations in Canada.The author found that in Canada the introduction of telecommuting must be the result of an agreement between the employee and the employer, reflecting the discussion of the following issues: (1) the voluntariness of the agreement; 2) working hours; 3) whether the arrangement will be regular or episodic; (4) the remote worker's location; (5) work goals; (6) expected results; (7) issues of responsibility; and (8) liability for telecommuting expenses. If either party so requests, the agreement must be put into writing. In the case of a telework agreement, the employee or the employer must be able to terminate the telework agreement with reasonable notice. Collective agreements, employment conditions, and internal labour regulations apply to employees who work remotely.In Canada, there are two scenarios where an employer can require an employee to work from home as a condition of employment that are relevant for legal purposes: (1) a separate employment contract is entered into; and (2) in the ordinary course of work (due to a change in the terms of the employment contract).If the employee is required to work at home as a condition of employment at the time of employment, remote work becomes a condition of the employment contract. However, there is no law that would oblige an employee to work from home. Thus, it can be argued that the potential employee is free to accept or reject the employer's offer of telecommuting.If the employee already works for the employer, and remote work was not mentioned in the employment contract, but later the employer requires the employee to work at home, then this will be a case of unilateral change of working conditions. In such a case, the employee is again not obliged to accept these conditions, but may resign, in which case he will be entitled to compensation for damages.In Canada, a telecommuter can unilaterally return to a position at an enterprise for reasonable reasons and by notifying the employer.Remote workers in Canada are subject to workplace health and safety regulations. Workers’ compensation legislation provides financial compensation to workers at the workplace in cases of injury.

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