The pandemic need to do work away from the workplace is ending as restrictions and mandates ease and employers refocus on getting people back to in-person work.
While employers can remove temporary measures, they should also consider how the working environment has changed since the spread of COVID-19 in early 2020, that flexible arrangements have become possible and how employees may feel about returning to personal work, say experts in Canada.
“Employees have proven — at least in their own minds — that they are just as productive, if not more productive, working from home,” said Janet Candido, a Toronto-based human resources (HR) consultant.
“So that’s where the pushback is.”
Agreements are agreements
Nadia Zaman, an employment lawyer at Rudner Law in Markham, Ont., said she and her colleagues have fielded an increasing number of questions about returning to the workplace in recent months.
Employment lawyer Nadia Zaman says that, in general, “employees do not have the right to choose where to do their work unless they already had that right” before the pandemic. (Submitted by Nadia Zaman)
“Employers can generally dictate whether an employee can work from home or must return to the office — whether entirely or in a hybrid model — unless there has been an agreement to the contrary,” Zaman said in an interview.
There are some exceptions, mostly limited to legitimate accommodation needs or specific safety concerns.
But Zaman said “employees do not have the right to choose where to work unless they already had that right” before the pandemic.
A changing world of work
The extended period of time employees spend working at home is part of a wider context of change.
Matthew Fisher, an employment lawyer and partner at Toronto-based Lecker & Associates, said many employees have learned that “there can be a different way, there can be flexibility, there can be telecommuting.”
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He predicts that some employees will point to the success of alternative arrangements when employers ask them to return to personal work – and this could be part of potential legal challenges alleging constructive dismissal where an employee feels they have been forced out of work due to the demands of the job.
In an interview with CBC’s Canada Tonight, Fisher said employees can tell their bosses, “You’ve violated a very fundamental aspect of our working relationship, that I do the best I can, but I have a level of flexibility that I can work remotely .”
Zaman said this is more likely to happen as such arrangements continue, especially if the employer has not clearly communicated that the alternative work arrangements are temporary.
“One way employers can make sure they protect themselves… is to clearly communicate to employees that remote work is only continuing as a temporary measure due to the pandemic and its aftermath, and that workers are expected to return to the office at some point,” Zaman said.
Candido, founder and director of an HR consulting group, said he advises clients to ensure these messages are repeated “several times a year,” for the same reason Zaman outlined.
Persuasion can be helpful
Outside of any legal context, employers have reason to communicate their plans to employees — if only to get the word out that change is coming, experts said.
Winnie 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 it’s not what some of them want to hear. (Submitted by Winnie Shen)
Winnie Shen, associate professor of organizational studies at York University’s Schulich School of Business in Toronto, recommends that organizations share with staff why workplace demands are changing.
“I think sometimes organizations just say, ‘We want everyone back in the office,’ but they’re not very clear about why … they think it’s an urgent need or maybe who they really think should be back in the office.” “
This communication also gives employees the opportunity to evaluate the information and possibly provide feedback, which may include employees highlighting “some of the things the organization didn’t think about.”
Look at the negotiations
When there’s a divide between what employees want and what their employers demand, both sides need to look at what’s possible under the circumstances, Candido said.
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With the easing of pandemic restrictions in Canada, companies are preparing to welcome employees back to the office. But many are pushing back and asking for flexible working arrangements, while others are looking forward to going back to the office.
“Don’t draw a line in the sand — just try to negotiate,” Candido said. For example, employees can bring up the idea of easing their way back into the workplace, she said, and employers should make an effort to listen.
“Employers should not ignore employee concerns, and likely won’t if they are presented in a cooperative manner.”
Staff retention is also a consideration when employers make long-term decisions about work arrangements, experts said.
David Krejci, an assistant professor at the University of Saskatchewan’s Edwards School of Business, said employers who continue to offer flexible work plans may find it easier to recruit talent.
Employees who disagree with their current employer’s return-to-work plan “may be more willing to look elsewhere,” Krajci said.
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