When employees work remotely for months without clear written terms, they may view it as a permanent right. Calling them back to the office can trigger constructive dismissal claims—even if you never intended remote work to be permanent.
A written policy clarifies that remote work is a privilege, not a right, and can be modified or revoked.
Right to Disconnect Policy (Mandatory)
Under Ontario’s Working for Workers Act, employers with 25 or more employees must maintain a written Right to Disconnect policy. This became mandatory in 2022, but many employers still treat it as paperwork rather than practice.
Your policy must address:
- When employees are expected to be available
- When they’re not required to respond to communications
- How the company will respect off-hours boundaries
Employees checking messages late at night are still “working”—and those unpaid hours create liability.
Electronic Monitoring Policy (Updated for 2026)
If your employer has 25 or more employees, they must have a written Electronic Monitoring Policy. As of January 1, 2026, this policy must be updated to include the use of AI in performance scoring.
Your monitoring policy must disclose:
- What is being monitored (emails, logins, keystrokes, GPS, webcam)
- How monitoring occurs
- Why monitoring is necessary
- How data is used
The law doesn’t stop employers from watching employees; it only forces them to tell employees how they are doing it. Transparency is legally required—secret monitoring violates the Employment Standards Act.
Define Work Location and Flexibility
Specify in your policy:
- Is remote work permanent, temporary, or hybrid?
- Can the arrangement be changed with notice?
- What locations are acceptable (province-specific matters)
- Who approves remote work requests?
If an Ontario-based employee works in Alberta, Alberta’s employment standards may apply, influencing overtime, vacation, leaves, and hours-of-work rules. Jurisdiction follows the worker, creating compliance obligations you may not have intended.
Working Hours and Availability Expectations
Define when remote employees must be available:
- Core working hours (e.g., 9 AM – 3 PM)
- Flexibility outside core hours
- Meeting and email response expectations
- After-hours availability requirements
For hybrid arrangements, clarify how in-office days are structured and communicated.
Equipment, Technology, and BYOD
Address technology use clearly:
- What equipment the employer provides
- Whether employees can use personal devices (BYOD)
- Security requirements (VPNs, passwords, encryption)
- Employer’s right to access company data on personal devices
- What happens to equipment upon termination
Remote offboarding needs structure: equipment return, access removal, data security. Your policy should outline the remote exit process.
Health and Safety Obligations
Even for remote workers, Ontario’s Occupational Health and Safety Act applies. Your policy should:
- Encourage ergonomic home office setups
- Provide guidance on safe work environments
- Address mental health and work-life balance
- Clarify reporting procedures for work-from-home injuries
Employers remain liable for injuries that occur while employees work from home during work hours.
Compensation and Benefits
Clarify whether remote work affects:
- Base salary or hourly wages
- Benefits eligibility
- Reimbursement for home office expenses (internet, equipment)
- Travel expenses if occasional office attendance is required
Any reduction in pay due to remote work must comply with employment agreements and may constitute constructive dismissal if implemented unilaterally.
Performance Management and Productivity
Remote work policies should address:
- How performance is measured
- Check-in frequency with managers
- Productivity expectations
- Evaluation methods
Performance issues alone don’t justify layoffs. Implement clear metrics and regular evaluations rather than using monitoring difficulties as termination justification.
Data Security and Confidentiality
Remote work increases data security risks. Your policy must cover:
- Acceptable use of company systems
- Password and access requirements
- Prohibition on using public Wi-Fi for sensitive work
- Data storage and handling protocols
- Consequences for security breaches
Employees must know their responsibilities for protecting company information outside the office.
Modification and Termination of Remote Work
Clearly state:
- The employer’s right to modify or end remote arrangements
- How much notice will be provided
- Under what circumstances remote work may be revoked
- The process for transitioning back to office
Without this clarity, ending remote work can be challenged as constructive dismissal.
Common Policy Mistakes to Avoid
No written agreement – Verbal remote work arrangements create ambiguity and legal risk.
Treating it as permanent without documentation – Employees can claim established rights.
Ignoring Right to Disconnect requirements – Mandatory for employers with 25+ employees.
Secret monitoring – Electronic surveillance without disclosure violates the ESA.
Failing to update for AI use – 2026 requires disclosure of AI in performance scoring.
No equipment return process – Remote terminations need structured offboarding.
Legal Risks of Poor Remote Work Policies
Without proper policies, employers face:
Constructive dismissal claims – Unilaterally changing remote work arrangements or forcing office returns
ESA violations – Failing to maintain required Right to Disconnect and Electronic Monitoring policies
Privacy complaints – Undisclosed monitoring of employees
Overtime liability – Unpaid hours from constant connectivity expectations
Workplace safety claims – Injuries occurring during work-from-home hours
Next Steps for Ontario Employers
- Review existing policies – Ensure they meet 2026 requirements, including AI disclosure
- Draft or update – Create comprehensive remote work, monitoring, and disconnect policies
- Communicate clearly – Distribute policies to all employees with acknowledgment
- Train managers – Ensure supervisors understand and enforce policies consistently
- Monitor compliance – Regularly audit adherence to policies
Get Legal Help with Remote Work Policies
Remote work policies aren’t one-size-fits-all. Your policy should reflect your business needs while meeting Ontario’s legal requirements.
Contact an employment lawyer to:
- Draft compliant remote work policies
- Update existing policies for 2026 requirements
- Review employment contracts for remote work clauses
- Ensure Right to Disconnect and Electronic Monitoring policies meet ESA standards
- Plan transitions from remote to hybrid or office work safely
Don’t wait for a constructive dismissal claim or ESA complaint to discover your policies are inadequate.
