The pandemic need to do work outside the workplace is ending as restrictions and mandates are eased and employers are refocusing on getting people back to work in person.
While employers can end temporary measures, they should also take into account how the work environment has changed since COVID-19 was introduced in early 2020, that flexible agreements have proven to be possible, and how employees can feel when they return to face-to-face work. , say Canadian experts.
“Employees have shown, at least in their own minds, that they are as productive, if not more productive, working from home,” said Janet Candido, a Toronto-based human resources (HR) consultant.
“That’s where the setback is.”
Agreements are agreements
Nadia Zaman, a Rudner Law labor lawyer in Markham, Ontario, said she and her colleagues have answered a growing number of questions about returning to work in recent months.
Labor lawyer Nadia Zaman says that in general, “employees have no right to choose where they do their work unless they already had it” before the pandemic. (Submitted by Nadia Zaman)
“In general, employers can dictate whether the employee can work from home or have to return to the office, either fully or in a hybrid model, unless there is an agreement to the contrary,” Zaman said in a interview.
There are a few exceptions, most limited to legitimate hosting needs or specific security concerns.
But Zaman said “employees have no right to choose where to work unless they already have that right” before the pandemic.
A changing world of work
The extended period of time employees have spent working at home is part of a broader context of change.
Matthew Fisher, a Toronto-based labor lawyer and partner at Lecker & Associates, said many employees have learned that “there can be a different way, that there can be flexibility, that there can be distance work.”
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He anticipates that some employees will point to the success of alternative agreements when employers ask them to return to work in person, and this can be part of any legal challenges that allege constructive dismissal, when an employee feels seen forced to quit his job. job due to job requirements.
In an interview with CBC’s Tonight Canada, Fisher said employees can tell their bosses, “You’ve broken a very fundamental aspect of our employment relationship that I do the best I can, but I have a level of flexibility that I can work on. remotely “.
Zaman said this is more likely to happen as these agreements continue, especially if the employer has not clearly communicated that the alternative labor agreements are temporary.
“One way employers can make sure they protect themselves … is to clearly communicate to employees that remote work only continues as a temporary measure due to the pandemic and its aftermath, and that they are expected to workers return to the office at some point, “Zaman said.
Candido, founder and director of a human resources consulting group, said she advises clients to make sure this message is repeated “a couple of times a year,” for the same reason Zaman explained.
Persuasion can be helpful
Beyond any legal context, employers have reason to pass on their plans to employees, if only to redirect the fact that change is approaching, experts said.
Winny Shen, of York University’s Schulich School of Business, encourages organizations to explain to employees why they want them back in the office, even if that’s not what some want to hear. (Submitted by Winny Shen)
Winny Shen, an associate professor of organizational studies at the Schulich School of Business at York University in Toronto, recommends that organizations share with staff why job requirements are changing.
“I think sometimes organizations just say, ‘We want everyone back in the office,’ but they’re not very explicit about why … they feel it’s an urgent need or maybe who they really think needs to go back to office. “
This communication also offers employees the opportunity to evaluate the information and possibly provide feedback, which may include employees highlighting “some of the things the organization has not thought of”.
Look at the negotiation
When there are differences between what employees want and what their employers want, both parties should look at what is possible depending on the circumstances, Candido said.
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With the reduction of pandemic restrictions across Canada, companies are gearing up to welcome employees back into the office. But many are refusing and asking for flexible work arrangements, while others are waiting to return to the office.
“Don’t draw a line in the sand, just try to negotiate,” Candido said. For example, employees may consider making their way back to work easier, he said, and employers should make it a point to listen to them.
“Employers shouldn’t rule out employee concerns and probably won’t if they present themselves in a more cooperative way.”
Retaining staff is also a consideration when employers make long-term work decisions, experts said.
David Kraichy, an assistant professor at the Edwards School of Business at the University of Saskatchewan, said employers who continue to offer flexible work plans may find it easier to recruit talent.
Employees who disagree with the plan to return to work from their current employer “may be more eager to look for another job,” Kraichy said.