What Are The Severance Pay Laws for Remote Workers?
What is a Remote Worker?
A “remote worker” is generally an individual who works for their employer remotely rather than from the employer’s traditional office setting. For example, a remote worker may work remotely from the comfort of their own home office or at a shared working space other than the employer’s tradition office setting.
Are Remote Workers Treated Differently than Non-Remote Workers in Ontario?
Currently, yes. Under the Employment Standards Act, 2000, remote workers who are subject to a mass layoff are generally not entitled to the same termination pay as non-remote workers in Ontario. This reality is due to the current terminology used in the legislation, which renders only employees at an “establishment” as eligible to termination pay in a mass layoff.
Are There Any Foreseeable Changes to Address The Difference in Treatment?
Potentially! The government of Ontario recently proposed a change to employment laws that, if enforced, will have positive impacts on remote workers in Ontario.
The main purpose of the proposed change to the legislation, is to protect remote workers subject to a mass layoff the same way that non-remote workers are protected. If put into effect, the change will ensure that remote workers subject to a mass layoff receive the same termination pay entitlements as their fellow non-remote workers in Ontario.
This change is a positive shift towards equality in the workplace.
What are the severance pay laws for remote workers?
If you have further questions about your entitlements under the law as a remote worker, or you are contemplating taking a new job as a remote worker, you are encouraged to obtain legal advice from an experienced employment lawyer. At Whitten & Lublin, we are skilled at guiding employees and prospective employees on the applicable laws on remote work in Ontario. To schedule a consultation, please contact us online or by phone at (416) 640 2667.
Author – Carly Waisglass