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Cross-Border Employment Relationships: Key Considerations For Employers With Extra-Provincial And Foreign Employees Or Candidates

The COVID-19 pandemic has posed a number of novel challenges for employers. Terms like the "Great Resignation" or the "Big Quit" – a trend of employees voluntarily leaving their jobs in light of return-to-office mandates, amongst other issues – have become common parlance. Subsequently, employers in many, if not all, industries are reporting labour shortages, retention challenges and increasing demand from employees for flexible working conditions.

In response to this retention challenge, some employers have opted to establish (or preserve COVID-related) flexible work arrangements that, in turn, allow employees to reside and work from a different province than the employer's physical establishment. United States and Canada cross-border relationships are also becoming increasingly common.

To support working arrangements where multiple jurisdictions are involved, employers must adopt certain practices, such as preparing or updating appropriate employment agreements, butto...

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