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As remote work becomes increasingly prevalent in Canada, understanding the legal framework surrounding telecommuting is essential for both employers and employees. Canadian laws, including those related to labor standards, occupational health and safety, and privacy, provide guidance on the rights and responsibilities of remote workers and their employers. These regulations address critical issues such as work hours, equipment safety, data protection, and the provision of a suitable work environment. By familiarizing themselves with these laws, organizations can establish clear telecommuting policies that promote productivity while ensuring compliance and safeguarding employee well-being.
Occupational Health and Safety
Employers must ensure that telecommuting employees have a safe work environment.
- Risk Assessments: Employers should require telecommuting employees to conduct and submit a risk assessment of their home workspace to identify and mitigate potential hazards.
- Health and Safety Policies: Employers need to provide digital access to health and safety policies and ensure employees are informed about workplace safety measures.
- Training and Equipment: Employers must provide necessary training on safe work practices and ensure that any equipment used at home is safe and properly maintained.
- Workplace Safety Insurance: Employers must carry workplace safety insurance to cover costs associated with occupational injuries and illnesses.
Payroll Deductions
Employers are responsible for making appropriate payroll deductions for telecommuting employees, including:
- Canada Pension Plan (CPP) and Employment Insurance (EI): Deductions must be made based on the employee's province of employment (POE). For telecommuting employees, the POE is typically the location from which the employee’s salary is paid.
- Income Tax: Employers need to ensure that income tax deductions are made according to the provincial tax rates.
Employment Standards
Employers must comply with the Alberta Employment Standards Code, which includes:
- Minimum Wage: Employers must ensure that telecommuting employees are paid at least the provincial minimum wage.
- Record Keeping: Employers must keep accurate records of hours worked by telecommuting employees and maintain these records for at least 36 months.
- Holidays and Leave: Telecommuting employees are entitled to the same holidays and leaves as on-site employees, including vacation time, statutory holidays, and various types of protected leave such as parental leave and domestic violence leave.
- Additional Considerations
- Liability Insurance: Employers should review their business liability insurance policies to ensure coverage for any potential accidents that might occur while employees are working from home.
- Due Diligence: Employers must demonstrate due diligence in providing a safe work environment and complying with all applicable health and safety regulations.
Further details on the OHS information for employers and workers can be found at Alberta.ca, or via Application of Alberta’s OHS Legislation to Workers Working at Home at Open.Alberta.ca.
In British Columbia, employers have specific obligations for managing telecommuting employees in 2024.
Occupational Health and Safety
- Risk Assessments: Employers should require telecommuting employees to conduct and submit a risk assessment of their home workspace to identify and mitigate potential hazards.
- Health and Safety Policies: Employers need to provide digital access to health and safety policies and ensure employees are informed about workplace safety measures.
- Training and Equipment: Employers must provide necessary training on safe work practices and ensure that any equipment used at home is safe and properly maintained.
- Workplace Safety Insurance: Employers must carry workplace safety insurance to cover costs associated with occupational injuries and illnesses. This involves registering for coverage with WorkSafeBC and paying the required premiums (HR Law Canada) (WorkSafeBC).
Payroll Deductions
- Canada Pension Plan (CPP) and Employment Insurance (EI): Deductions must be made based on the employee's province of employment (POE). For telecommuting employees, the POE is typically the location from which the employee’s salary is paid (ca).
- Income Tax: Employers need to ensure that income tax deductions are made according to the provincial tax rates applicable to British Columbia.
Employment Standards
- Minimum Wage: Employers must ensure that telecommuting employees are paid at least the provincial minimum wage, which is $17.40 per hour as of June 1, 2024.
- Record Keeping: Employers must keep accurate records of hours worked by telecommuting employees and maintain these records for at least 36 months.
- Holidays and Leave: Telecommuting employees are entitled to the same holidays and leaves as on-site employees, including vacation time, statutory holidays, and various types of protected leaves such as parental leave and domestic violence leave (HR Law Canada) (WorkSafeBC).
Further details on the health and safety responsibilities when working from home can be found at BClaws.gov.bc.ca.
In Manitoba, employers have several obligations for managing telecommuting employees in 2024. These obligations include ensuring compliance with occupational health and safety regulations, payroll deductions, and general employment standards.
Occupational Health and Safety - Employers Must Ensure That Employees Have a Safe Work Environment
- Risk Assessments: Employers should require telecommuting employees to conduct and submit a risk assessment of their home workspace to identify and mitigate potential hazards.
- Health and Safety Policies: Employers need to provide digital access to health and safety policies and ensure employees are informed about workplace safety measures.
- Training and Equipment: Employers must provide necessary training on safe work practices and ensure that any equipment used at home is safe and properly maintained.
- Workplace Safety Insurance: Employers must carry workplace safety insurance to cover costs associated with occupational injuries and illnesses, which involves registering for coverage with the appropriate provincial workplace safety board and paying the required premiums.
Payroll Deductions - Employers Are Responsible to Make Appropriate Payroll Deductions
- Canada Pension Plan (CPP) and Employment Insurance (EI): Deductions must be made based on the employee's province of employment (POE). For telecommuting employees, the POE is typically the location from which the employee’s salary is paid.
- Income Tax: Employers need to ensure that income tax deductions are made according to the provincial tax rates applicable to Manitoba. For example, the provincial tax deduction for an employee earning $1,020 weekly under claim code 1 in 2024 is $71.15, in addition to the federal tax deduction.
Employment Standards - Employers Must Comply with the Manitoba Employment Standards Code
- Minimum Wage: Employers must ensure that telecommuting employees are paid at least the provincial minimum wage, which is $15.30 per hour as of October 2024.
- Record Keeping: Employers must keep accurate records of hours worked by telecommuting employees and maintain these records for at least 36 months.
- Holidays and Leave: Telecommuting employees are entitled to the same holidays and leaves as on-site employees, including vacation time, statutory holidays, and various types of protected leave such as parental leave and domestic violence leave.
Additional Considerations
- Liability Insurance: Employers should review their business liability insurance policies to ensure coverage for any potential accidents that might occur while employees are working from home.
- Due Diligence: Employers must demonstrate due diligence in providing a safe work environment and complying with all applicable health and safety regulations, which includes adapting health and safety policies to cover home workspaces and ensuring employees are aware of their responsibilities in maintaining a safe home work environment.
Further details on the Public Service Commission Policies can be found at Gov.MB.ca.
Remote work (also known as working from home or telecommuting) is defined as "a type of flexible working arrangement that allows employees to work from remote locations outside of corporate offices".
Occupational Health & Safety Act and remote work
Responsibilities of the employer/manager:
- Provide staff with the equipment and supplies they need to work productively.
- Establish an inclusive and appropriate work plan with clear expectations for productivity and performance.
- Maintain constant communication with staff.
- Adopt effective management practices (performance, attendance, communication) to ensure that staff who work remotely receive the coaching and mentoring they need to perform their duties.
- Treat all members of the work team fairly and equitably, whether they work from home or not.
- Provide computer or technical support as needed.
- Notifying staff of electronic monitoring measures they may be subject to.
- Provide face-to-face meetings in the workplace on a consistent and regular basis with staff.
- Carry out other responsibilities arising from the application of the Remote Work Policy.
In New Brunswick, employers have several key obligations for managing telecommuting employees.
Occupational Health and Safety – Provide A Safe Work Environment
- Risk Assessments: Employers require telecommuting employees to conduct and submit a risk assessment of their home workspace. This helps identify and mitigate potential hazards.
- Health and Safety Policies: Employers need to provide digital access to health and safety policies and ensure employees are informed about workplace safety measures.
- Training and Equipment: Employers must provide necessary training on safe work practices and ensure that any equipment used at home is safe and properly maintained.
- Workplace Safety Insurance: Employers are required to carry workplace safety insurance to cover costs associated with occupational injuries and illnesses.
Payroll Deductions – Make Appropriate Payroll Deductions
Employers are responsible for making appropriate payroll deductions for telecommuting employees, including:
- Canada Pension Plan (CPP) and Employment Insurance (EI): Deductions must be made based on the employee's province of employment (POE). For telecommuting employees, the POE is typically the location from which the employee’s salary is paid (Canada.ca).
- Income Tax: Employers need to ensure that income tax deductions are made according to the provincial tax rates applicable to New Brunswick (Canada.ca).
Employment Standards – Compliance with New Brunswick Employment Standards Act
- Minimum Wage: Employers must ensure that telecommuting employees are paid at least the provincial minimum wage, which is $14.75 per hour as of April 2024.
- Record Keeping: Employers must keep accurate records of hours worked by telecommuting employees and maintain these records for at least 36 months.
- Holidays and Leave: Telecommuting employees are entitled to the same holidays and leaves as on-site employees, including vacation time, statutory holidays, and various types of protected leaves such as parental leave and domestic violence leave (GNB) (GNB).
Additional Considerations
- Liability Insurance: Employers must review their business liability insurance policies to ensure coverage for any potential accidents that might occur while employees are working from home.
- Due Diligence: Employers must demonstrate due diligence in providing a safe work environment and complying with all applicable health and safety regulations. This includes adapting health and safety policies to cover home workspaces and ensuring employees are aware of their responsibilities in maintaining a safe home work environment.
Further details on REMOTE WORK can be found at sfr-rfs.ca.
The workplace is defined in the provincial Occupational Health and Safety (OHS) Act as a place where a worker or self-employed person is engaged in an occupation.
Anywhere a person is working in an occupation is considered a workplace, including a home-based office.
Roles and Responsibilities of Employers
Employers must put a variety of controls in place to eliminate or reduce the risk of harm to workers who work from home.
- Implement a musculoskeletal injury (MSI) prevention program.
- Implement psychological health and safety (PHS) policies and procedures.
- Develop communication methods, including processes for contacting the OHS Committee, Worker Health and Safety (WHS) Representative, or Designate.
- Supply appropriate equipment, tools, and devices.
- Provide relevant information, instruction, supervision, and training.
- Provide tools to perform work from home inspections.
- Report and investigate incidents that occur while working from home.
- Provide reasonable accommodations for workers with disabilities.
- Develop written procedures for checking the well-being of the worker, including check-in times and steps to take if the worker cannot be contacted.
- Ensure the worker holds a valid emergency first aid certificate, if reasonable to do so or if required by an OHS Officer.
In Newfoundland and Labrador, employers have specific obligations for telecommuting employees.
Occupational Health and Safety – Provide a Safe Work Environment
- Risk Assessments: Employers should require telecommuting employees to conduct and submit a risk assessment of their home workspace. This helps identify and mitigate any potential hazards.
- Health and Safety Policies: Employers need to provide digital access to health and safety policies and ensure employees are informed about workplace safety measures.
- Training and Equipment: Employers must provide necessary training on safe work practices and ensure that any equipment used at home is safe and properly maintained.
- Workplace Safety Insurance: Employers are required to carry workplace safety insurance to cover the costs associated with occupational injuries and illnesses. This involves registering for coverage with the appropriate provincial workplace safety board and paying the required premiums (McInnes Cooper) (ebs).
Payroll Deductions – Appropriate Payroll Deductions
- Canada Pension Plan (CPP) and Employment Insurance (EI): Deductions must be made based on the employee's province of employment (POE). For telecommuting employees, the POE is typically the location from which the employee’s salary is paid (Canada.ca).
- Income Tax: Employers need to ensure that income tax deductions are made according to the provincial tax rates applicable to Newfoundland and Labrador (Canada.ca).
Employment Standards – Compliance with Newfoundland and Labrador Labour Standards Act
- Minimum Wage: Employers must ensure that telecommuting employees are paid at least the provincial minimum wage. As of 2024, this is set to $15.60 per hour.
- Record Keeping: Employers must keep accurate records of hours worked by telecommuting employees and maintain these records for at least 36 months.
- Holidays and Leave: Telecommuting employees are entitled to the same holidays and leaves as on-site employees, including vacation time, statutory holidays, and various types of protected leave such as parental leave and domestic violence leave (Canadavisa.com) (Canada.ca).
Additional Considerations
- Liability Insurance: Employers should review their business liability insurance policies to ensure coverage for any potential accidents that might occur while employees are working from home.
- Due Diligence: Employers must demonstrate due diligence in providing a safe work environment and complying with all applicable health and safety regulations.
Further details on the Working From Home (WFH) Overview and Checklist 2023 can be found at Workplacenl.ca and Gov.NL.ca.
TELEWORK DEFINED
A work arrangement that allows employees to perform the duties and responsibilities of their position from an approved alternate worksite other than the employer’s business location (e.g., employee’s home). Also called telecommuting, working remotely, and working from home.
Distributed Workforce: Companies that have one or more employees working in different physical locations.
Virtual Office: A virtual office functions as a unit to provide goods or services but does not operate from a fixed business location. With a virtual office, employees work remotely and virtually from anywhere.
Employers Obligations
Occupational Health and Safety - Provide a safe work environment.
- Risk Assessments: Employers must require employees to conduct and submit a risk assessment of their home workspace.
- Health and Safety Policies: Employers must provide digital access to health and safety policies and ensure employees are informed about workplace safety measures.
- Training and Equipment: Employers must provide necessary training on safe work practices and ensure that any equipment used at home is safe and properly maintained (McInnes Cooper) (Work Safe For Life).
Payroll Deductions – Make Appropriate Payroll Deductions for Telecommuting Employees
- Canada Pension Plan (CPP) and Employment Insurance (EI): Deductions must be made based on the employee's province of employment (POE). If the employee is working remotely, the POE is typically the location from which the employee’s salary is paid (Peninsula).
- Income Tax: Employers need to ensure that income tax deductions are made according to the provincial tax rates applicable to Nova Scotia (Halifax Chamber of Commerce).
For more detailed information, employers can refer to resources provided by the Nova Scotia Department of Labour and the Canada Revenue Agency.
Employment Standards – Compliance with the Nova Scotia Labour Standards Code
- Minimum Wage: As of April 2024, the minimum wage in Nova Scotia is $15.20 per hour.
- Record Keeping: Employers must keep accurate records of hours worked by telecommuting employees and maintain these records for at least 36 months.
- Holidays and Leave: Telecommuting employees are entitled to the same holidays and leaves as on-site employees, including vacation time, statutory holidays, and various types of protected leaves such as parental leave and domestic violence leave (Peninsula) (Halifax Chamber of Commerce).
Additional Considerations
- Liability Insurance: Employers should review their business liability insurance policies to ensure coverage for any potential accidents that might occur while employees are working from home.
- Due Diligence: Employers must demonstrate due diligence in providing a safe work environment and complying with all applicable health and safety regulations.
Further details on the Occupational Health And Safety Code can be found at Ulethbridge.ca.
Health and Safety While Working From Home (Telecommuting)
- Employers must provide employees with a safe working environment to take reasonable precautions to protect the health and safety of workers.
- In Ontario, there is a statutory exemption of the applicability of the Ontario Health and Safety Authority of work performed in a private residence from the owner or an occupant.
- Employers remain liable, for employees who are injured while working from home are entitled to workers’ compensation if the injury arose out of or in the course of their employment, and must report it to the workplace safety authority and document the incident.
- Employers should reiterate workers’ responsibilities to contribute to a discrimination and harassment-free workplace, including the remote workplace, and ensure policies are specifically updated to encompass virtual violations of the policy.
- Employers may have special obligations under occupational health and safety legislation to take every reasonable precaution to protect workers from domestic violence in the workplace. Employers should be alert to the signs of domestic violence and work with employees to develop precautions such as updating emergency contacts, and keeping in regular contact with employees.
- The Occupational Health and Safety Act requires employers to ensure employees assess their home workspace and report hazards. If employees have ergonomic issues in their home workspace, the employer has an obligation to investigate and try to resolve the issues.
In Ontario, Canada, employers have specific obligations for managing remote work arrangements.
Determining Province of Employment (POE)
- Full-Time Remote Work Agreement: Employers must determine if a full-time remote work agreement exists. This agreement should either be temporary or permanent and must allow employees to perform their duties remotely on a full-time basis. The work must be done at locations that are not considered to be employer
- Indicators for POE:
- Primary Indicator: Whether the employee would physically report to an establishment of the employer if not for the remote work agreement.
- Secondary Indicators: These include where the employee attends meetings, receives work-related materials or instructions, is supervised, or would report based on their duties. All indicators must be reviewed collectively to determine attachment to an establishment.
- Payroll Deductions and Employment Standards
- CPP/QPP and EI: Employers must remit Canada Pension Plan (CPP) or Quebec Pension Plan (QPP) contributions, Employment Insurance (EI) premiums, and income tax based on the employee's
- Income Tax: Employers should use the appropriate provincial tax tables to ensure accurate tax withholding.
- Employment Standards:
- Wages and Benefits: Compliance with Ontario’s Employment Standards Act, covering wages, benefits, deductions, and record-keeping.
- Work Hours and Leave: Conditions regarding work hours, breaks, overtime, vacation, statutory holidays, and special leave must be followed.
- Health and Safety: Under Ontario’s Occupational Health and Safety Act (OHSA), employers are required to take reasonable precautions to protect the health and safety of employees working from home. This might include implementing a risk assessment checklist for remote workers.
Further details on Remote Work in Canada can be found at Boundlesshq.com.
In Prince Edward Island, employers have specific obligations for managing remote work arrangements as of 2024.
Payroll Deductions and Employment Standards
Determining Province of Employment (POE):
Full-Time Remote Work Agreement: If a full-time remote work agreement exists, employers must determine if the employee is "attached" to an establishment of the employer. This involves assessing if the employee would report to a specific establishment if not working remotely (Canada.ca) (Prince Edward Island Government).
Primary and Secondary Indicators: Employers should use primary indicators (e.g., previous physical reporting locations) and secondary indicators (e.g., where the employee attends meetings, receives materials, or is supervised) to determine the POE (Canada.ca) (Prince Edward Island Government).
Payroll Deductions:
CPP and EI Contributions: Employers must deduct Canada Pension Plan (CPP) or Quebec Pension Plan (QPP) contributions and Employment Insurance (EI) premiums based on the employee's POE. For Prince Edward Island, employers should use the specific payroll deductions tables for CPP and EI (Canada.ca) (Canada.ca).
Income Tax Deductions: Employers need to withhold income tax based on the province of employment. This involves using the appropriate provincial tax tables to ensure accurate tax withholding (Canada.ca) (Canada.ca).
Employment Standards:
Wages and Benefits: Employers must comply with the Employment Standards Act, which covers wages, benefits, deductions, and record-keeping (Prince Edward Island Government).
Work Hours and Leave: The Act also stipulates conditions regarding work hours, breaks, overtime, vacation, statutory holidays, and special leave (Prince Edward Island Government).
Discrimination and Harassment: Employers must have policies in place to address discrimination and harassment, ensuring a fair and safe workplace for all employees (Prince Edward Island Government).
Remote Work Compliance:
Justification of Remote Work Agreement: Both the employer and employee must be able to justify that a full-time remote work agreement is in place.
Review of Employment Contracts: Employers should review and possibly amend employment contracts to align with the updated CRA guidance and ensure compliance with all relevant employment standards (Canada.ca) (Prince Edward Island Government).
Further details on the PEI Workforce Application Guide can be found at Princeedwardisland.ca, or on the Remote Work Guide at Psc.gpei.ca.
Employer Obligations for Remote or Telecommuting Work
The employer is required to respect the primary obligations set out in the Acts. These obligations include, but are not limited to, the following:
- Ensuring that the workplace is safe.
- Training workers to avoid accidents and injuries at work.
- Identifying, controlling, and eliminating hazards to workers.
- Establishing a safety program.
In Quebec, employers have specific obligations regarding remote work as outlined by updated guidance from the Canada Revenue Agency (CRA) effective January 1, 2024.
Full-Time Remote Work Agreements
Definition: A full-time remote work agreement allows employees to work remotely on a full-time basis either temporarily or permanently. Both the employer and employee must justify the existence of this agreement.
Criteria: To determine if an employee is under such an agreement, the duties must be performed at locations that are not employer establishments.
Determining Province of Employment (POE)
Primary Indicator: The main factor is whether the employee would report to an establishment of the employer if not for the remote work agreement. If the employee previously reported to an establishment, that location is usually considered the POE unless the nature of the duties or circumstances has changed.
Secondary Indicators: If the primary indicator is inconclusive, several secondary factors are considered collectively:
- Where the employee attends in-person or virtual meetings.
- Where the employee receives work-related materials or instructions.
- Where the employee is supervised from, as per contractual agreements.
- The establishment the employee would report to based on job duties.
Payroll Deductions
CPP/QPP and EI/QPIP: Employers must remit appropriate payroll source deductions for Canada Pension Plan (CPP) or Quebec Pension Plan (QPP), Employment Insurance (EI), and Quebec Parental Insurance Plan (QPIP) based on the employee’s POE.
Income Tax: Payroll deductions for income tax are also determined by the employee's POE.
Specific Obligations in Quebec
- Source Deductions: Employers must deduct and remit Quebec-specific contributions (QPP and QPIP) to Revenu Québec if the employee's POE is Quebec.
- Harmonization with Federal Rules: While Quebec rules are largely harmonized with federal rules, there may be specific administrative positions that differ.
Employer Actions
- Compliance: Employers should review and potentially amend remote work agreements to ensure compliance with the updated CRA guidance.
- Assessment: Employers are advised to assess the POE for each remote worker using the provided primary and secondary indicators to make necessary payroll adjustments.
Further details on the Scope of the Telework Obligation in Quebec can be found at Mcmillan.ca.
Working from home or telecommuting is also known as “remote work”.
- Employees working remotely are required to comply with ALL Saskatchewan Polytechnic policies and procedures as well as applicable legislation, with particular attention to all relevant Provincial Occupational Health and Safety Acts, Regulations and Codes, including the Workers’ Compensation Act, 2013.
- Working remotely is voluntary. An employee may request a remote working arrangement and the employer may agree to such arrangement. This policy does not circumvent the rights or application of the collective agreements in force. This policy may not apply in situations where employees are asked to temporarily work remotely as dictated by circumstance, e.g., pandemics, facility emergencies.
- Saskatchewan Polytechnic is not responsible for any incremental costs resulting from a Working Remotely Arrangement. The standard provision to employees in a Working Remotely Arrangement is a computer. Requests for any additional equipment, furniture or other resources must be assessed by the direct manager/supervisor on a case-by-case basis.
Key Obligations for Employers:
- Full-Time Remote Work Agreements: Employers must determine if a full-time remote work agreement exists. This agreement should be either temporary or permanent and should permit employees to work remotely full-time. Both employer and employee need to justify the existence of this agreement.
- Province of Employment (POE): Employers must determine the employee’s province of employment (POE) for income tax, Canada Pension Plan (CPP), Quebec Pension Plan (QPP), Employment Insurance (EI), and Quebec Parental Insurance Plan (QPIP) deductions. The POE is typically where the employee is attached to an establishment of the employer. If the employee worked at an establishment before switching to remote work, that establishment usually remains the POE unless job duties or circumstances have changed significantly.
- Assessing Attachment to an Establishment: The CRA provides indicators to determine if an employee is attached to an establishment. Primary indicators include whether the employee would physically report to the establishment if not for the remote work arrangement. Secondary indicators include where the employee receives work-related materials, attends meetings, or obtains supervision. Employers must use these indicators collectively to assess attachment.
- Payroll Deductions and Source Deductions: Employers must ensure accurate source deductions for payroll taxes. This involves assessing each employee’s attachment to an establishment and determining the correct POE. If no attachment to any establishment is evident, the POE defaults to the establishment responsible for salary payments.
- Compliance with Updated Policies: Employers need to review and possibly amend existing remote work agreements to align with the new CRA policy. This ensures compliance with the updated rules regarding source deductions and payroll taxes.
Further details on the Working Remotely 720 can be found at Saskpolytech.ca.
Employees working remotely are called telecommuting or working from home employees.
Exceptions:
- Employees working as part of an accommodation are subject to the Duty to Accommodate Injury and Disability Policy.
- Members of the Northwest Territories Teachers’ Association, and
- Employees of the Northwest Territories Power Corporation.
Eligibility
Eligibility for a Remote Work Agreement will be determined on a case-by-case basis taking into consideration multiple factors, including but not limited to the type of position, the nature of the work performed by the employee, the proposed Remote Work Site, and operational requirements.
Employees whose Designated Workplace is outside of GNWT Headquarters are not eligible for a Long-Distance Remote Work Agreement where the proposed Remote Work Site is in Yellowknife. However, informal long-distance remote work in Yellowknife may be approved in exceptional circumstances and for periods not exceeding 21 business days in duration.
Requirement for Remote Work Agreement
A formal Remote Work Agreement is required for Remote Work over 21 business days. Informal remote work arrangements for 21 business days or less may be approved by an employee’s supervisor; a formal Remote Work Agreement is not necessary. The specific duration of a Remote Work arrangement should be stipulated in the Remote Work Agreement.
The duration of an individual Remote Work Agreement shall not exceed two (2) years. Employees working under a Remote Work Agreement may apply for another Remote Work Agreement to begin upon conclusion of their existing agreement, however if the cumulative duration of the Remote Work Agreement is in excess of two (2) years, approval from the Deputy Minister of Finance is required.
Termination of Agreement
Except where the department or agency has cause to order immediate termination of the Agreement (such as in the event of a serious breach of employment conditions or health and safety risk), either party may request termination of the Remote Work Agreement.
Policy Review
This Policy will be reviewed by the Department of Finance every three years.
Further details on the Remote Work Policy can be found at my.hr.gov.NT.ca.
Telecommuting or working from home is also known as remote work. In the Yukon, the following criteria must be met in order to implement remote work operations.
- Remote work is part of a suite of flexible work arrangements available to Yukon government employees.
- Participating in a remote work arrangement under this policy is voluntary for employees.
- A remote work arrangement requires the mutual agreement of the employee and employer. It is not an entitlement of any employee.
HEALTH AND SAFETY
- a) When entering into a remote work agreement, the employee and supervisor must complete the remote work health and safety checklist. The employee must regularly use the checklist to inspect their remote workplace and, if the employee notes any changes, identify actions they will take to address the changes, in writing, to their supervisor.
- b) The employee must report any work-related incidents or injuries sustained in the remote workplace to their supervisor, as they would normally in the workplace.
- c) In the event that a serious health and safety incident occurs at the remote workplace, the employee’s supervisor and/or a health and safety committee member may enter the remote workplace to investigate, with reasonable notice.
- d) The health and safety checklist and the remote work agreement are specific to one remote workplace, and the employee must seek separate approval if they wish to work from another remote workplace.
REMOTE WORKPLACE
Information technology equipment
The supervisor must ensure that the employee has the necessary information technology equipment (e.g., computer and phone) to perform their work remotely, whether government-issued or personal devices.
Costs and Expenses
- a) The employee must provide home office furniture for the remote workplace.
- b) The employee must pay the costs of maintaining the remote workplace, including homeowner or tenant insurance premiums, home internet, and other utilities, and any renovations required to establish a home office.
- c) The employee must pay for any expenses related to travel from the remote workplace to the official workplace. All other travel expenses may be reimbursed according to the Travel Directive.
Insurance and liability
- a) The employee is responsible for having appropriate insurance coverage for the remote workplace. The employer is not liable for damages to the employee’s remote workplace or the employee’s personal property.
Remote Work Termination
- a) The employer or the employee (with the employer’s approval) can end a remote work arrangement by providing two weeks’ notice or other mutually agreed-upon period of notice, in writing.
- b) The employer may end a remote work arrangement immediately with cause, such as a breach of employment conditions or policies, or a health and safety risk. In such instances, the employer does not need to provide two weeks’ notice.
Further details on the GAM Policy 3.12 – Remote Work can be found at Yukon.ca.
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