Return to Office in Canada: What Are Your Real Options?
The return to office wave is growing stronger across Canada, and hybrid workers are now facing a familiar question: What next?
As some of the country’s biggest companies, including major banks, prepare to boost in-office work to four days a week, tension is rising. While remote work boomed during the pandemic, shifting job market dynamics are now tipping the scales in favour of employers.
According to employment lawyers, many workers are feeling cornered as companies roll out stricter policies—leaving some to consider quitting altogether. Yet there may still be paths to stay employed and protect flexibility.
Why Employers Now Hold the Upper Hand
In a tighter economy, businesses feel more empowered. Philippe de Villers of CPHR Canada says employers now have more leverage to enforce office returns. “It’s become easier for companies to say, ‘If you don’t like it, leave.’”
Enterprise firms, like banks and accounting giants, are leading this push. BMO, RBC, and Scotiabank have all announced fall rollouts requiring four office days per week. They cite better collaboration and stronger operations as key reasons.
What If You Want to Stay Remote?
Sunira Chaudhri, partner at Workly Law, says employees unhappy with return mandates are increasingly exploring job changes. “Many are jumping ship to find flexible work that aligns with their lifestyle,” she explains.
But what if switching jobs isn’t an option? Experts say there are still important legal rights you may be able to exercise.
Family and Medical Accommodations Matter
Employees with childcare duties may request accommodations based on family status. If commuting disrupts care routines—like daycare pickup—it could justify staying remote.
Medical needs also deserve consideration. Lawyer Jon Pinkus says return-to-office mandates must respect medical conditions, including mobility issues or medication access. “Employers are legally obligated to accommodate unless it causes undue hardship,” he adds.
Could It Be a Breach of Contract?
For some workers, especially those who went fully remote during the pandemic without a clear end date, a sudden mandate could feel unfair. Pinkus notes this could, in rare cases, be considered constructive dismissal—when key terms of a job change without agreement.
However, proving this legally is tough. If you claim constructive dismissal and are wrong, you could lose severance and be seen as abandoning your job.
Chaudhri says that employers are rolling out changes slowly—adding one or two extra office days over time—to minimize legal risk. This gradual shift makes it harder for employees to claim a major contractual change.
Know Your Rights Before Making a Move
If you’re facing a return-to-office mandate, review your original work agreement. If there’s no clause about remote work, you may have little legal ground to resist the change.
Still, accommodations for family or medical needs are protected under human rights law. Consulting an employment lawyer can help clarify whether your situation qualifies.
Stay tuned to Surrey Speak for clear insights on your workplace rights and how to navigate shifting job trends with confidence. From legal clarity to career transitions, we’ve got your back.
