Employee Agreement, Remote Work Clause

[Aleesha Van Damme]

#96934

Forum: Private

Hello,

I hope this message finds you doing well. I wanted to see what your thoughts are on the below remote/hybrid clause that I intend to put in our employment agreements. Have I covered all my bases here? We do offer hybrid or remote schedules to some of our employees, and it would be outlined in our offers (E.g. your schedule will be hybrid). However, I want to have some more verbiage in our agreements, which will combine with our remote work policy to give us legal backing around calling employees back in the office or changing the work location as needed.

“If your role includes a remote or hybrid work arrangement, you acknowledge that such arrangements are not guaranteed and may be modified or revoked at the Company’s discretion, with reasonable notice. The Company expressly reserves the right to require you to perform your duties from a designated Company office or other location, as determined by operational requirements. You acknowledge that a hybrid arrangement is not a guaranteed or permanent term of employment unless explicitly stated otherwise in writing. The Company will provide reasonable notice of any changes to your work location, and such changes shall not constitute constructive dismissal.”

Thank you,
Aleesha Van Damme

[Haley O’Halloran]

#96936

Hi there! This is a very solid starting point — you’ve covered the main elements employers typically need when it comes to reserving flexibility for hybrid or remote work. Let me break it down into strengths and potential refinement points for you:

Strengths of Your Clause

Discretion Reserved: You clearly state that hybrid/remote work is not a guaranteed condition of employment and may be revoked or modified at the employer’s discretion. This helps protect against claims that remote work is a permanent contractual right.

Notice Requirement: By committing to “reasonable notice,” you reduce the risk of employees claiming unfair treatment. Courts often look for reasonableness in changes.

Operational Needs Basis: You tie the discretion to “operational requirements,” which strengthens your justification and shows it’s not arbitrary.

Constructive Dismissal Protection: Including that changes do not constitute constructive dismissal is important—it signals to employees up front that this flexibility is not a fundamental term of employment.

Areas to Refine or Clarify

-What is “Reasonable Notice”?

Leaving this undefined could lead to disputes. Some employers specify a minimum timeframe (e.g., “at least two weeks’ notice”) unless exceptional circumstances apply.

Without clarity, employees may argue notice wasn’t sufficient.

-Explicit Reference to the Remote Work Policy

Since you already have a policy, it would be wise to cross-reference it. E.g.:
“This arrangement is subject to and must be read in conjunction with the Company’s Remote Work Policy, as amended from time to time.”

That way, you avoid gaps between the contract and policy.

-Expense & Equipment Considerations

Employees may assume that if they’re called back, the employer covers commuting costs or relocation. Some employers add wording like:
“Any costs associated with commuting to or from the office, or otherwise associated with a change in work location, remain the employee’s responsibility unless expressly provided otherwise in writing.”

Similarly, you may want to clarify who provides/maintains equipment if remote work is revoked.

-Geographic Limitation

If you want to prevent employees from moving far away (e.g., another province or country), consider adding:
“Remote or hybrid work does not entitle you to perform your duties from outside the jurisdiction of [Province/Canada] without the Company’s prior written approval.”

This protects you against unexpected tax, payroll, and employment law complications.

-Collective Impact Disclaimer (Optional)

Some employers add that changes “shall not be considered a breach of contract or constructive dismissal, provided the change does not result in a fundamental alteration of the essential terms of your employment.”

This aligns with legal principles around constructive dismissal.

Suggested “Polished” Version

Here’s a slightly refined draft incorporating the above:

Remote/Hybrid Work
If your role includes a remote or hybrid work arrangement, you acknowledge that such arrangements are not guaranteed and may be modified or revoked at the Company’s discretion, with reasonable notice. The Company expressly reserves the right to require you to perform your duties from a designated Company office or other location, as determined by operational requirements. Unless expressly stated otherwise in writing, a hybrid or remote arrangement does not constitute a guaranteed or permanent term of employment. This arrangement is subject to the Company’s Remote Work Policy, as amended from time to time.

The Company will provide reasonable notice of any changes to your work location, taking into account operational needs, and such changes shall not constitute constructive dismissal or a breach of this Agreement. Any costs associated with commuting to or from the office, or otherwise associated with a change in work location, remain your responsibility unless otherwise agreed in writing. You are not entitled to perform your duties from outside [Province/Canada] without the Company’s prior written approval.

I hope this helps!
-HRInsider Staff

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