Remote and Cross-Jurisdictional Work: Drafting compliant and effective employment contracts

As the world becomes more interconnected through technology, understanding the legal implications of remote and cross-border work is essential. During this webinar, speakers will address the difficulties of drafting employment contracts for remote workers across multiple jurisdictions and equip attendees with the knowledge to create employment contracts that are compliant and effective. Specifically, speakers will discuss:

• How can one determine which set of legislated employment standards applies to a remote employee? Is the location where an employee works remotely the determining factor? Can a clause designating the location where the remote employee works be included in an employment contract?
• How can you ensure that remote work contracts comply with employment standards legislation? Should employment contracts be tailored to specific jurisdictions or are general contracts acceptable?
• When will “choice of law” or “choice of forum” clauses be found to be enforceable? Not enforceable?
• Is a non-competition clause enforceable in cases involving an employee working remotely? Does the analysis differ for non-solicitation clauses?
• Do employees working remotely have a right to know if and how their employer utilizes monitoring and surveillance technologies to monitor performance? Should the potential monitoring and surveillance of employees be mentioned in an employment contract? How can an employer ensure that its activities are compliant with privacy legislation?
• Are employers required to ensure the health and safety of workers employed remotely? What aspects of health and safety in a remote work environment should be specifically addressed in employment contracts or workplace policies?
• Will an employer mandated ordering an employee’s return to the office be considered constructive dismissal?