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We are a small non-unionized remote-first organization and based in Ontario. We have employees in ON, BC, AB, QC, SK etc. One of our employees plans to work from the Caribbean for 3 months. Our leader would like us to implement a 6-month work from anywhere policy but isn’t there a day # limit to working outside of Canada for legal reasons? I see a few employers with a 30-day limit on this other have 90-days. What is the legal rationale? What laws need to be considered when creating a policy for working out of country? Please include a sample policy or guide and links to supporting legislation if possible.
Hi,
There are several legal implications that arise from remote work outside of the country including tax laws, payroll laws, employment laws and health coverage. This article describes these potential issues and how to navigate them.
Here is a Telecommuting Policy template you can adapt to your workplace and further explanation on how to create a legally sound telecommuting policy.
HR Insider has several other tools and resources that will help you in this situation:
Telecommuting & Remote Work
4 Key Areas Your Remote Work Policy Should Cover
Do Telecommuters Have the Right to Work from Outside Canada?
Remote Work From Other Jurisdictions: What Employers Need To Know
Global Remote Working – What Employers Need To Know
Developing A Long-Term Remote Work Policy
Compliance Considerations for a Remote Workplace
Hope this helps!