Can My Employer Force Me To Relocate in Canada? Yes, if your employer has contractual rights. The answer is negative if your employer didn’t mention any mobility clause in your contract. There are other ways your employer can approach you to request/negotiate the relocation but can’t force you.
I will eliminate your confusion with the answer in this article, including explanations and relevant FAQs. So, dedicate 5 minutes to this article. Without a doubt, you will not have any confusion.
Since Q4 2019, most companies have had difficulty running their regular business across Canada. Not only in Canada but also around the world. Some companies try rearranging their staff to cope with the “New Normal” environment. So, if you are not ok with proceeding with the relocation, you need to know a few things mentioned in the following sections.
I hope it will solve your confusion.
Answer: An employer can’t force you to relocate without contractual rights. Your employer can’t force you to relocate if it’s too far from your place or significantly increases your commute time. But, if the employment contract gives you the right to change your office location or relocate staff, your employer can force you.
Any employer can decide to move their office anytime to gain the positive effect of ROI in their business. Physical relocation of an office requires employee relocation. When it is long-distance relocation, it comes as an aftershock to an employee!
Not all the employees are ready to adapt to that situation, right? In that case, the employee may rethink that job. What will happen, or what are the consequences if a Canadian employee refuses to move or relocate? Like you, they might search the employee relocation rights in Canada.
Brian Kreissl from Thomson Reuters: It depends. Courts may find forced employee relocation as constructive dismissal based on the specific situation. Employees who freely agree to change their job location are not constructively dismissed.
If you want to read: Relocation for work (Documentation by Government of Canada)
When any employer breaches contractual rights or terms without the employee’s consent, called constructive dismissal, if your employer significantly breaches your employment contract, then you can resign & claim an employment tribunal. It could be any case like salary distribution, working hours, relocation, or other issues.
So, your employer can force you to relocate if they mention their rights to relocate in the employment contract. Otherwise, it would be a constructive dismissal.
You can’t claim constructive dismissal in 3 situations:
Do you not have the same situation as these? Well, you can proceed to claim constructive dismissal.
Yes, your employer can force you to return to the office. This question was mostly searched on google after the spike of the COVID effect. The answer is: Employer has the right to place employees for more productivity.
The employer gave you the Work From Home (WFH) opportunity to keep all safe, maintaining the distance. So, that was an emergency. As a result, employees got enough time to adapt to that work environment. Some employees feel better in the WFH environment. Now, it’s getting normalized day by day. So, a company or employer can relocate employees.
Primarily you can seek accommodation for 2 specific scenarios. These are as follows –
The employer has a legal duty to take proper steps, policies, or working condition adjustments to accommodate employees’ individual needs, called the Duty to Accommodate.
Click here to learn more: Duty to Accommodate.
Yes, you can be fired. Any organization or company has the right to fire any employee. It’s fine if your employer provides a severance package to you. Surely, Providing insufficient severance pay can result in wrongful dismissal.
I researched a lot to put the exact number here as an answer. But didn’t find any definitive answer. Thus, there is no specific limit of legal maximum or minimum distance to relocate by an employer.
Your employer can ask you to relocate internationally based on your job role and contract terms. If you consent to the international relocation, there is no way to say NO. If you do so, probably your employer will take a hard decision like – let you go.
Do you need advice on forced relocation or secure assistance from a reputed employment lawyer or corporate lawyer? No more hunting from your end is required. I found that Samfiru Tumarkin LLP they are available since 2007. They are mainly Ontario or British Columbia based. Learn more about them by clicking here.
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I hope you got the whole gist of forced relocation by the employer and all the answers to relevant Frequently Asked Questions (FAQs). Yes, you can now take proper steps to face the consequences.
My advice is to consult your corporate lawyer to get the best suggestion on your current situation.
At this point, if you are planning to move within the next few days, read How to Choose a Moving Company in Canada: 15 (9+6) Untold Secrets of A Good Mover.
If you have time to read essential relocation or moving tips, visit Executive Moving Blog.
Last thing you can do…Share this …on your social media. Let’s share info with your friends and family.
Quite straightforward for now: bye, bye!
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