Are you an employer considering allowing your staff to work from home in Vancouver? Do you want to ask your boss if you can work remotely?

One of the most well-known effects of the pandemic on our society was the shift of many jobs from the office to working from home. 

This change has affected almost all industries, with many businesses that used to have an office for each employee moving towards a “hoteling” system where employees book office space as needed when they want to come into the office. 

Programs like Microsoft Teams and Google Meet have made telecommunication easy and seamless for even the most technologically challenged users.

Remote Work in Vancouver BC

The effect of working-from-home arrangements can be seen throughout Vancouver. The downtown core is nowhere near its former capacity, and many businesses that serviced the workforce are being forced to shut down.

Before the pandemic, the West Coast Express was a central means for workers from throughout the Lower Mainland, particularly Port Moody, Coquitlam, Pitt Meadows, Maple Ridge, and Mission, to travel to downtown Vancouver for work. 

As of the start of 2023, the West Coast Express’s ridership is less than half of what it used to handle in the pre-pandemic days.

Is Working From Home Good For Your Career?

While most workers see working from home as a bonus, there can be potential disadvantages to your career. A recent study shows that many employers and managers do not view employees who work from home in the same light as they do workers who go into the office. 

The study found that employees who work from home are more likely to be viewed as easily replaceable than their office equivalents. It also showed that full-time working-from-home situations could negatively affect an employee’s career advancement opportunities.

Networking and social interaction are well-known ways to advance your career, so it shouldn’t come as a surprise that not being in the office for “water cooler chat” could negatively affect your chances for promotion. 

Everyone knows the squeaky wheel gets the grease, so it stands to reason that remote workers could get overlooked by bosses who don’t see them and interact with them regularly. 

A lack of office chat lunches or attendance at business events can have an effect that can add up over time. 

Disadvantages of Home Office Life in Vancouver

Even if you are getting your work done, not being seen getting your job done may be undercutting your performance.  Whether it is as simple as having someone you can ask questions to or as educational as watching a seasoned worker, do their job so you can learn new skills, having a mentor can be a huge benefit in all areas of employment. 

They not only help you grow your skill set but can also help grow your network of professionals by making introductions and connecting you to people they’ve done business with for years.  The loss of mentorship can be a significant issue that should not be overlooked.

Another area where employees working from home may be disadvantaged is losing the opportunity for mentorship.  While this might not be an issue for more seasoned employees, for the younger workers, who have only recently entered the workforce, not having a mentor can be a huge disadvantage.

Other considerations may make an employer less enthusiastic about employees working from home, including the costs of providing office supplies for each employee’s house despite having the same supplies readily available at work and considerations like WCB coverage and the legal implications.

Legal Considerations for Employers Allowing Employees to Work From Home

While employees need to consider the long-term implications of working from home on their careers, there are substantial legal considerations employers should not overlook when allowing employees to work from home.

When the pandemic started in early 2020, everyone could be rushed to a work-from-home situation out of necessity.  It was an emergency, and social distancing was required as no one knew the implications of COVID-19 and what would happen next. 

Almost all these work-from-home situations were expedited without considering the legal implications.  As the “emergency” aspect of the pandemic has subsided and the world has reopened, many businesses have had a significant amount of their workforce stay remote. 

There are some reasons; for some, it is merely a preference, and for others, it’s to avoid the transmission of COVID-19 and other viruses that can kill a large portion of their employees at once. 

Employment contracts

Employment contracts are important when it comes to working from home in Vancouver.

These types of arrangements have significant legal implications.  David Goldberg, a partner at Taylor & Blair LLP, says, “Most companies don’t realize that allowing their employees to work from home without any qualification for a significant amount of time means that it becomes an implied term of their employment contract.” 

If you are a business owner who has let your employees work from home and decide you want everyone to come back into the office, the decision might not be up to you. 

If you try to force it, your employees might argue that in violating their employment contract, you are constructively dismissing them, which could expose you to damages for wrongful dismissal.

The COVID-19 pandemic had many unforeseen side effects, and the legal ramifications still play out worldwide. Employers and employees must understand their rights and obligations pursuant to their employment agreement and that both parties’ actions can change the agreement. 

Are there any privacy laws in BC that apply to working from home?

Several privacy laws in British Columbia may apply to employees who work from home. The Personal Information Protection Act is a provincial law that regulates how organizations may collect, use, and disclose personal information.

PIPA applies to organizations based in BC or that collect, use, or disclose personal information about individuals who are in BC.

This includes employers and employees who work from home. The Personal Information Protection Act requires organizations to have consent to collect, use, or disclose personal information and to handle it in a manner that is reasonable for the purpose for which it was collected.

Telecommuting in Vancouver

In addition to the Personal Information Protection Act, federal privacy laws may apply to working from home in BC. The Personal Information Protection and Electronic Documents Act is a federal law that applies to organizations that collect, use, or disclose personal information in the course of commercial activity across Canada.

PIPEDA sets out similar requirements for collecting, using, and disclosing personal information as PIPA, but it applies to a broader range of organizations.

Employers and employees should be aware of their obligations under privacy laws when working from home. This may include ensuring that personal information is handled securely, only accessed by authorized individuals, and not shared without consent. Failure to comply with privacy laws can result in fines and other penalties.

Are there any tax implications for employees who work from home in BC?

In British Columbia, there are generally no tax implications for employees who work from home due to the COVID-19 pandemic or for any other reason. However, there are a few exceptions to this rule.

If an employee incurs additional expenses from working from home, they may be able to claim a tax deduction. To claim a deduction, the expenses must be directly related to the employee’s work and must not have been reimbursed by their employer. Deductible expenses might include the cost of a home office, internet service, or phone bills.

Self-employed Employees who work from home may also be eligible for a deduction for business expenses. To claim this deduction, the self-employed individual must use a dedicated area of their home exclusively for business purposes.

Conclusion

In addition to deductions for home office expenses, employees who work from home may also be eligible for the temporary flat-rate method for calculating their employment expenses.

Under this method, employees can claim a set amount for each day they work from home without keeping detailed records of their actual expenses.

While some tax implications exist for employees who work from home in BC, these are generally limited to the ability to claim deductions for certain expenses. Employees should always consult with a tax professional to determine their eligibility for any tax deductions or credits.

We hope this article taught you about working from home in Vancouver and how the laws govern it. What do you think about working from home in Vancouver?