Legal Protection for Remote Workers

*This post was written by doing research and with the information available to me in hopes that it will point you in the right direction. Please, always get advice from a professional for your legal matters!*

It’s no secret that COVID-19 has made an impact on the way we live our lives. From mask mandates and social distancing, to how and where we work; the pandemic has affected society as a whole in several ways.

Many companies chose to implement new ways in which their employees were able to work from the comfort of their homes. Some companies even offered to pay for setting up a home office and/or childcare. Others made sure to have mental health resources available for those who may feel isolated due to working at home.

The topic of working from home has sparked several questions about whether or not businesses should change how they are run, pandemic or not. For example, in Canada, it seems like the majority of workers would like for new work models to stay in place.

“Focusing on employees who had been with the same employer since at least March 2019, Mehdi and Morissette (2021) show that 80% of these new teleworkers would like to work at least half of their hours from home once the pandemic is over—41% would prefer working about half of their hours at home and the other half outside the home, while 39% would prefer working most (24%) or all (15%) of their hours at home. The remaining 20% would prefer working most (11%) or all (9%) of their hours outside the home.” – StatCan

Whether working remotely becomes a reality for you and/or your colleagues or not, there is an important aspect of it that needs to be addressed. Legal protection for remote workers is just as important as it is for individuals in the field. Therefore, what kind of legal protection do remote workers have?

Why Would I Need Legal Protection to Work From Home?

You’re probably wondering why you would even need legal protection if you’re working from home. It’s important to note, that even though you are working outside of the office, all of the terms you agreed to upon being hired, are still in effect unless otherwise notified.

For example, many companies ask employees to sign confidentiality agreements such as an NDA. These agreements are important while you’re working in the workplace, and they are just as important (if not more important) while you’re working out of the office. You want to know that the company you work for will maintain its standards, and protect your rights, just like you are continuing to uphold your obligations. Therefore, while the setting in which you are working may change, the conditions of your employment won’t (unless otherwise stated).

Take The Time to Be Thorough

This is why it is so important, (before you sign any new contracts agreeing to work from home), to go over all the terms and obligations. Preferably, set aside time with your employer to make sure that all of your bases are covered. If your employer has not initiated the conversation already, request a meeting to discuss everything. Don’t be afraid to be the one who mentions it first. It shows you are being responsible; not only for yourself but for the company as well. If they don’t seem willing to do so, you may want to ask yourself why that is. Ask nicely for an explanation and take things one step at a time.

It is also important to note that each different State/Province/Country will have different basic laws in place. What may be a law in Canada, may not even exist in the United States and vice versa! Be sure to check what is valid for you and your unique situation!

Overall, we recommend doing the proper research before signing any documents or agreeing to any terms. If you need help going over these documents, that’s understandable! Speak to someone you trust or hire someone who specializes in this area of worker’s rights.

If you’re already past this point (perhaps you’ve already signed/agreed to something) but feel uneasy about a certain aspect of it, you can always ask a professional for their advice. You should feel confident in any agreement you’re in and should have peace of mind. If an issue arises, you’ll already be in good hands for the steps to move forward.

Possible Issues of Working From Home

The following is a list of possible questions for you that may come up once working from home becomes a possibility. Some may not seem to be legal aspects, but it’s better to be safe than sorry- ask them anyway!

Questions to Ask Employer

Will my work be monitored by the Company? If so, how?
Will I be responsible for any breaches/hacking done?
Will my phone/internet be paid for? How is this set up?
Will I need to turn in time reports, work logs to prove my hours/work accomplished?
If I am unable to work for the day due to an appointment etc. how do I report this?
Is doing overtime allowed? Are there rules regarding this?
Will a dress code be in place?
Is the company adhering to the rules regarding lunch and/or other breaks?
Do you consider working “from home” to be the same as “working remotely”? This leads to:
Am I only covered by the company if I am at home? What if I work elsewhere (cafe etc)?
Are there any insurance coverage issues relating to working from home?
Am I protected regarding incidents or harassment?

These are just a few of the questions you may want to ask while getting prepared to work remotely. We believe everyone is learning valuable lessons during this time. It may feel like your whole world is turned upside down at the beginning, but you’ll get organized in no time. You may even become more productive while being out of the office.

Lessons Learned

If you’ve been working remotely for a while now, and you’re realizing that you forgot to ask a few questions, just know that it’s never too late to ask. Remember, the sooner you ask the important questions, the sooner you’ll get the important answers!

Did you switch to working remotely during the pandemic? How was the transition? Did you already look into legal protection for remote workers? What’s the most important thing you learned? Do you like remote work more than being in the office? Tell us your stories!

As always, stay safe, everyone!