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Application:
This document would apply to situations where employees
normally work in Canada but have requested to work outside
Canada.
Telework Policy:
The TB Telework Policy also applies to employees' teleworking
outside of Canada.
The teleworker's designated workplace remains where the
employee would work, in Canada, if the telework situation were
not in place. This fact should be confirmed with the employee and
stipulated in the telework arrangement document.
Telework Arrangement Agreement:
It will be important to have the details of the telework
arrangement thoroughly discussed and agreed upon between the
employee participating in the telework situation and the manager.
The Treasury Board's Telework Policy is flexible regarding the
necessity to have details of the agreement in writing, however,
it is strongly recommended to do this for teleworking
outside of Canada.
Managerial Considerations:
To minimize misunderstandings, before entering into a telework
agreement managers should become familiar with the most relevant
policy and associated documents and carefully consider the
following factors:
Telework Policy and Questions and Answers - Manager
should be knowledgeable of departmental Telework Policy or if
none exists, the TB Telework Policy and related Questions and
Answers found on the TBS web-site (http:www.tbs-sct.gc.ca/Pubs_pol/hrpubs/TB_853/siglist_e.html).
Job suitable for telework - Manager needs to
determine if the work that needs to be done by the employee can
be done by him/her while teleworking full time, as employee is
not able to commute to office for duties needing to be carried
out in the designated workplace. Impact on client service cannot
be adversely affected.
Suitability of Employee - Experience has shown that
successful teleworkers are well disciplined and organized,
self-starters who can work independently. They are
results-oriented being able to set their own deadlines and goals.
They should have a history of reliable and responsible
performance, are trustworthy and require minimal supervision.
Having previous telework experience would be an asset for the
employee and the manager.
Security Implications - What does the nature of the
work entail? How secure will the transmission of material
(electronic, mail) to and from Canada be? The Telework Policy
does not diminish responsibilities for the security of sensitive
information and assets. In accordance with the Treasury Board
Security Policy, departments should arrange to advise and assist
managers and employees in minimizing the risks inherent in
working with sensitive information away from the designated
workplace. Assistance to employees should involve briefing them
on aspects of the safe custody and control of sensitive
information and making the necessary arrangements for them to be
able to meet their obligations.
Communication - How will employee and manager and other
team members and clients keep in touch, and at what and whose
expense? Advanced planning by all parties will be key to ensuring
that the teleworker has sufficient work to do and sufficient
contact with fellow workers (videoconference, teleconference,
virtual team meetings, e-mail, etc.) at the telework place.
Cost effectiveness of arrangement - What additional
expenses will be incurred as a result of teleworking outside
Canada and who will pay for the expenses i.e. long distance
telephone calls, conference calls, travel, increased phone line
and internet costs compared to Canada etc. This needs to be
worked out ahead of time and included in the telework
agreement.
Impact on team members working in Canada - Workload
must be planned by the teleworker and the manager in such a way
to ensure that the non-teleworkers are not burdened with extra
work because of the teleworkers schedule or location. Will this
arrangement negatively impact co-workers (e.g. required to assume
a greater number of urgent requests; less flexibility due to a
reduced number of employees in the workplace).
Performance Management - Performance expectations
should be quantifiable and qualitative and should be the same for
the teleworking employees and for co-workers who perform similar
tasks at the workplace. Performance expectations and
measures/standards should be established, agreed to and clearly
understood by the teleworker. The teleworker's performance should
be measured on a regular basis as well as for other workers.
Ongoing monitoring of the telework arrangement - This
is essential to ensure that the initial details agreed to are
still being adhered to and that performance is maintained or
improved. Either the teleworker or the manager can terminate
telework arrangements, with reasonable notice by either
party.
Equipment - An agreement should be reached between the
manager and the employee prior to undertaking a telework
situation regarding the type of equipment needed, who is
responsible for maintenance and repair. If it is the department
who provides the equipment who will pay for transportation costs
to move it to telework destination. Will there be a need for a
second phone line, Internet access, what are the costs in another
country and who will pay? Who and how will technical support be
provided?
Health and Safety - Employer Responsibilities - It will
be very important for the manager to discuss health and safety
issues with the employee and his/her obligation while
teleworking. Under the revised version of Part II of the Canada
Labour Code the employer has a general duty (Section 124) to
ensure that the health and safety of every person employed by the
employer is protected. With respect to telework, the employer is
required to take whatever action is required to demonstrate due
diligence. That is the employer is responsible for ensuring the
employee knows and understands what is involved in telework and
given guidance on the practical considerations of telework, where
it is considered appropriate or necessary. This should include
giving guidance on how to establish a safe and ergonomic working
environment and adequacy of work station and facilities (keyboard
placement and wrist support, type of chair and chair adjustments,
proper lighting, availability of first aid supplies etc.).
Section 125 of the Canada Labour Code lists a number of
specific employer duties that have been expanded considerably and
now apply to the activities of employees in workplaces not
controlled by the employer, to the extent that the employer
controls those activities. This means that, while a department
may not control a telework workplace, wherever it may be, it does
control the activities of the employee.
Telework places such as employees' homes are not workplaces
controlled by the employer and a new provision (Section 143.2)
prohibits access of any person having a duty under the Code
(employers, Health and Safety officers and Health and Safety
Committee members) without the permission of the employee.
Time Difference - How will the time difference impact
on service to clients, interaction with work team, communication
with the designated workplace or ability of teleworker to meet
deadlines and how can any difficulties be overcome?
Treasury Board Travel Directive - The TB Travel
Directive states that employees are required to present
themselves on their own time, at their own expense to their
designated workplace. An employee can have only one designated
workplace at any one time (in writing). If an employee is
teleworking for their department outside of Canada and is called
to a meeting at their designated workplace (e.g. street address
in Ottawa), the transportation involved (e.g. airfare) will be on
their own time at their own expense.
If the employer decides to send the employee on travel status
(e.g. training somewhere in Canada beyond the 16 kms from the
designated workplace and would be definitely 16 kms from their
home) the travel time and costs will be substantial.
Judgement needs to prevail on both sides should the above
situations arise and alternatives should be explored wherever
possible. It will be very important to have discussed the above
two points prior to agreeing to a telework arrangement where long
distance travel is involved.
Foreign Service Directives - The Foreign Service
Directives apply exclusively to career foreign service employees
and to foreign assignment employees on assignment outside Canada.
As the teleworker's designated workplace remains in Canada the
Foreign Service Directives do not apply.
Workers Compensation - Under the Government Employees
Compensation Act, and consistent with jurisprudence on the
subject of workers' compensation, Public Service employees who
are injured in the course of their duties are to be compensated
for their work-related illnesses or injuries. This applies
whether the illness or injury takes place at the employer's
designated workplace or at any other agreed location, including
the employee's home. This is consistent with the Canada Labour
Code, which defines the "work place" as any place where an
employee is engaged in work for the employer, and this can
include an employee's home. The employee must bring any accident
or injury occurring in a telework situation to the immediate
attention of the supervisor.
Employee Considerations
This is not an exhaustive list and is in addition to the
issues outlined above.
Income Tax - Employees who are considering requesting
to telework outside of Canada should contact the Canada Customs
and Revenue Agency.
Public Service Health Care Plan (PSHCP) - An employee
teleworking outside of Canada would not be covered by the PSHCP.
The PSHCP has two components - Supplementary coverage and
Comprehensive coverage. To be eligible for Supplementary
coverage, a person must be covered by a provincial health plan.
To be eligible for Comprehensive coverage, a member must be
posted outside of Canada and not be covered by a
provincial health plan. It is unlikely that an employee who is
teleworking outside of Canada would be covered by a provincial
health plan and therefore the employee is not eligible for
Supplementary Coverage. As well, a telework arrangement is
employee-requested and is not a posting; therefore the employee
is not eligible for Comprehensive coverage either. As a result,
the employee is not eligible for PSHCP coverage.
Dental Plan - Coverage under the Dental Care Plan would
continue subject to normal plan rules.
Disability Insurance - Coverage under the Disability
Insurance Plan would continue subject to normal plan rules.
Superannuation (Pension Plan) - the employee's
obligations, deductions and eligibility are not affected by the
telework arrangement.
Public Service Management Insurance Plan (PSMIP) -
Coverage under PSMIP would continue subject to normal plan
rules.
Safety and Health - Duties of employees are outlined
under Section 126 of the Canada Labour Code and apply while at
work and are not restricted to workplaces controlled by the
employer. As such, as per the TB Telework Policy, employees are
responsible for ensuring that the teleworkplace is adequately
equipped from a safety and health point of view. The employee
must bring any accident or injury occurring in a telework
situation to the immediate attention of the supervisor.
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