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THE TOP LEGAL IMPLICATIONS ASSOCIATED WITH REMOTE WORK

Running Remote 2023 – Lisbon, Portugal

Tara Vasdani

Managing Partner and Founder

Direct T : 613-219-0940

tara@remotelawcanada.com

LinkedIn | Twitter

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About

REMOTE LAW

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REMOTE LAW

LEGAL SOLUTIONS

  • Your legal solution for hiring, onboarding, and training remote teams

BACKED BY RESULTS

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  • Top 25 Most Influential
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  • LinkedIn Top Voice
  • Woman of Influence

REMOTE LAW CANADA

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  • Employment Agreements

  • Independent Contractor

  • Health & Safety Checklist

  • Employee Handbooks

  • Remote Work Policy

TEMPLATED DOCUMENTS

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EMPLOYMENT & LABOUR LAWS

  • Legislation & Regulations
  • Termination/Severance Requirements
  • Medical/Emergency Leave
  • Equal Pay for Equal Work
  • Worker’s Compensation/Insurance

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Costa Rica:

“Work from Home Bill”

Portugal:

Right to Disconnect

Sweden:

Remote Expenses

France:

Employer Consent

Norway/Poland: Labour Code Updates

Spain:

Remote Work Act

Argentina:

Written Remote Work Agreements

Brazil:

Duty to Accommodate

EMPLOYMENT/LABOUR WORLDWIDE DEVELOPMENTS

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Discrimination based on:

A) Gender/Sex/Race/Age/Ancestry

B) Disability: Physical and Mental

Remote Work = Accommodation

Right to Refuse Work

Insurance Requirements

Duty to Accommodate

Undue Hardship

HUMAN RIGHTS LEGISLATION

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Reporting Structures

Performance Expectations

Reporting Requirements

Job duties and Responsibilities

Hours of Work

Workspace and Equipment

Termination Entitlements

Health & Safety

Conflicts of Interest, Confidentiality

EMPLOYMENT AGREEMENTS

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CASELAW

  • Air Canada and Gentile-Patti, 2021 QCTAT 5829
    • Quebec Judge rules that Air Canada must pay worker’s compensation to employee that fell down the stairs at home during her lunch break
    • Work hours mandated by Air Canada
    • No Health & Safety Checklist in place
    • Short-Term Disability & Long-Term Disability

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INDEPENDENT CONTRACTOR vs EMPLOYEE

Right to Hire?

Right to Fire?

Owns their own Tools?

Determines Hours and Wages?

Paid overtime, bonuses and benefits?

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  • When and How is Remote Work Permitted?
  • Requirements of the Workspace
  • Cybersecurity
  • Confidentiality
  • Health & Safety
  • Workspace Equipment
  • Insurance/Benefits
  • Performance Reviews
  • Termination/Right of Recall

REMOTE WORK POLICY

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HEALTH AND SAFETY

The right to know

The right to participate

The right to refuse work

Information, Education, Supervision, Training

Joint Health and Safety Committee

Ministry of Labour

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EMPLOYERS OF RECORD (EORS”)

  • Termination & Severance Pay
  • Split Liability

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QUESTIONS

QUESTIONS

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THANK YOU!

Tara Vasdani�Managing Partner

Remote Law Canadawww.RemoteLawCanada.com

Direct T: 1 (613) 219 0940

Email: tara@remotelawcanada.com

LinkedIn | Twitter | Forbes