Canadian HR Reporter

4 www.hrreporter.com N E W S work performed outside Ontario is a continuation of work performed in Ontario, according to Suhaib Ibrahim, lawyer and HR advisor at bernardi in Mississauga, Ont. When working remotely and over the internet, this raises many questions, he says: Where is the work "performed" for an out-of-province employee with an Ontario employer? Is the work performed at the worker's desk or on the servers in Ontario? What happens if the employee is engaged in meetings, again remotely, with fellow employees across the country and in Ontario? Where does the work take place then? "If they are going to be a traditional employee, then you have a question of: What is going to be the law that applies to them?" says Richler. "Are they going to be subject to their local employment laws where they're living? Or are they going to be subject to the laws of the jurisdiction where the employer is situated?" There are a number of factors that the court will take into consideration, such as where the contract was entered into, he says. "If it's delivered to them by email and they're situated in Ontario, then the contract would be deemed to have been accepted in Ontario. And, on first blush, it would seem that the Ontario law would apply, especially if the business is to do work in Ontario. If the business is to do work in Calgary, it becomes a little bit more murky. If the employment contract is silent on it, they' ll look at various factors. But if the employment contract says the Ontario law is going to be the law that governs the contract, then the Ontario law would govern," says Richler. "It's important to be aware of that and to know which laws are going to govern because if the end of the relationship comes, there could be very different results based on that," he says. "If you don't set that out at the outset, you may be in for a surprise when it comes time to deal with the end of the relationship as to what you are required to pay or not pay." There's a lot of education that is required of employers and HR because of the differences and nuances in legislation across the country or beyond our borders, says Shekhtman. "It's really important for employers to take time to educate their teams, and even seek external expertise… and do their due diligence through that process, and make sure that they know what they're walking to when they're looking for a new position or hiring remote employees," he says. "Legislation also changes on a regular basis, so you need to be up on the current laws. And you can do that on your own. You need to be able to seek that advice with your partners." CHRR CANADIANS' IDEAL WORK SCENARIOS "You are not only competing as an employer with people and/or with organizations within your own community, you're competing with employers right across the country." Mike Shekhtman, Robert Half 55% Percentage of employers that have expanded their search geographically 44% Percentage of workers who would consider moving to a different city if their company offered long- term remote arrangements 68% Percentage of HR professionals who say office location will help determine salaries 22% Percentage of HR professionals who say the employee's new location will help determine salaries 84% Percentage of workers who would not be willing to take a pay cut if they were to move Source: Robert Half

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