In recent months there has been a trend for work to return to the office.
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For example, the federal government recently ruled that its employees must return to their offices for work 2 to 3 times a week by March 31, 2023 at the latest.
Employer rights and obligations
In fact, employers can end teleworking and require them to return to the office for all or part of the workweek. This is part of what is commonly referred to as administrative law.
The employer is also obliged to take the necessary measures to protect the health and physical and mental safety of its employees. He must therefore ensure safe workplaces and provide appropriate protective measures, also with regard to COVID-19.
Of course, if there is an agreement between an employer and his employee that the latter can telework permanently, this agreement cannot be changed unilaterally.
Some special cases
Let us also think of the rather exceptional case of a worker with a disability who is subject to the obligation to make accommodations.
That worker can then claim that the return-to-office obligation does not necessarily apply to them. See our column of October 7, 2022.
Factors to consider
There are certain factors that both employers and their employees need to consider when considering the issue of returning to the office.
On the employee side, of course, there is the flexibility that teleworking allows in everyday life. There would be, for example, a significant reduction in transport time, an often simplified family organization or even a better adapted working environment.
On the employer side, in addition to important aspects of productivity, it is assumed that being in the office enables closer cooperation between employees, better team spirit and a greater sense of belonging to the company. Based on some studies, it can also be stated that a constant presence in the office increases the opportunities for career development.
A fair balance
The return to office work, mixed formula or not, requires finding the right balance between various factors, including the proper functioning of the company, the legitimate desire of employees to assert their expectations regarding their working conditions, state of health, etc.
One thing is for sure. The return to the office cannot be rushed, but gradual to allow employees to reorganize their family life, especially if the period of telework has been practiced for a few years and almost full-time.
Finally, without a doubt, the most important prerequisite for the exercise of a successful return to office is sustained communication between those affected by this return.
-Me Bernard Cliche, Attorney Emeritus Morency, Law Firm
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