By: Julius Melnitzer | July 14, 2025
In order to avoid exposure to unnecessary and expensive litigation and unforeseen liabilities, it’s important for employers to determine which jurisdiction’s rules apply when terminating an employee in a remote-working arrangement, according to several employment lawyers.
“Most employment relationships in Canada are governed by local provincial or territorial law, with the remaining governed by federal law,” says Lisa Stam, managing partner at SpringLaw Professional Corp. “That means the employment standards legislation that applies usually depends on where the worker lives, not necessarily where your business is based.”
There may also be significant exceptions based on how the employee is working in the remote jurisdiction and the exact nature of the employer’s presence there.
“If the employer has no activity in the remote jurisdiction apart from the worker’s presence, the employment standards legislation of that jurisdiction may not apply,” says Vincent Hoss-Demarais, an employment lawyer who also provides counsel to SpringLaw on Quebec issues.
But “no activity” means precisely that. MORE
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at julius@legalwriter.net or on his website.
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