- May 12, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation Overview
Good day lac.
My spouse is currently employed under contract until the new year with a private company in a fully remote position. I am working for the federal government and will be relocated outside of Canada this summer.
For tax purposes, it is important that my spouse is still deemed a factual resident of Canada.
Their company does not have any stated policy in the contract or listed company policies requiring my spouse to be in Canada for this position.
# Challenges Faced
Despite the absence of a residency clause in the contract, my spouse contacted HR and was informed that they are unable to work outside of Canada due to company policy. However, HR has not been willing to provide the policy or address this discrepancy.
My spouse believes that they are being terminated by HR, who is attempting to frame the situation as my spouse resigning due to leaving Canada.
HR has stopped responding to inquiries, leaving my spouse in a dilemma. Before considering consulting an employment lawyer, my spouse strongly believes that the company should honor the contract and either continue their employment or pay out the remaining contract.
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Some businesses will not allow remote work outside of Canada due to security of information, tax implications and, depending on the country work permits. You are taxed by your residence, not where the company is located. They do not have to agree to let him work remotely.
The company doesn’t have to let your spouse work form another country. In fact they may not be able to allow that. This would be a resignation.
Most don’t allow it because of insurance and taxes.
This would be a resignation. She could continue working if she stayed in Canada, but she would be choosing to leave. Sure they could terminate her if she just stopped showing up to work because she left the country, but that would mean she abandoned her job which is a quit.