They also suggested that a statutory right could potentially interfere with existing flex work arrangements, including those negotiated in collective agreements. Tweets also asked Canadians about whether they use flex work and asked employers and employees in specific sectors about the impacts of flexible work arrangements in their workplaces. Note: for the purpose of this web page, reference to “employee(s)” also includes persons that are often referred to as “interns”. of Work Policy. I appreciated hearing about their valuable expertise and ideas, and also their needs and particular situations. For employers, flex work helps foster productivity as well as inclusive and supportive work environments that attract and retain needed talent. Footnote 2. . A number noted that their requests for flexibility were motivated by a desire to remain productive and engaged in the workplace. For some employees, flexible work arrangements offer opportunities to work a flexible schedule before they fully retire. More generally, a number of stakeholders urged the federal government to emulate the best elements of the approaches on flex work in place in the UK, Australia and New Zealand. Others identified managers as a key target audience for education and training, on the grounds that managers are often perceived to be a roadblock to negotiating flexible work arrangements that benefit employees and employers. In addition, some stakeholders saw value in requests, to the extent possible, identifying how the arrangement being sought would impact the employee’s job and the employer. Whether the implementation of flexible work arrangements has resulted in reduced expenditure; 3. While freelancing may not be a viable option for everyone, providing more flexible work options for employees should be feasible. Many stakeholders, academics and survey respondents contended that, beyond changing workplace policies and practices, education and training—for both employers and employees—must be a priority in catalyzing cultural change. The Government of Canada recently completed a consultation with employers, employer associations, union and labour organizations, and advocacy groups as part of its pledge to amend the Canada Labour Code to allow workers in federally regulated sectors to formally request flexible work arrangements … This figure includes all of those who responded to at least one question in the survey. Getty Images comments Leave a comment The relationship between recourse mechanisms related to flex work and recourse mechanisms available under the existing federal human rights regime generated much debate. Check out the catalogue on @Work's Learning in the BC Public Service for privacy and information sharing courses. Protection from reprisal states that employers are prohibited from: The Canada Industrial Relations Board handles all complaints related to protections from reprisals. REMOTE WORK If you want your employees to save commuting time and costs, offer them remote work. FETCO supports the use of flexible work arrangements when the operations of the business are enhanced (not diminished) . Stakeholders and survey respondents expressed concern about potential for duplication and overlap with recourse available under the Canadian Human Rights Act. A few said that they were given information about how to use sick leave or vacation leave to provide any needed flexibility. : Em12-23/2016E-PDF "The world of work is rapidly changing with the fourth industrial revolution, characterized by a range of new technologies, the Internet of things and cloud computing. III. You must have worked for the same employer for 6 continuous months to be protected when making a request. The Deputy Minister may approve a flexible work arrangement between the employer and an employee where both parties agree to voluntarily alter the employment relationship on a conditional basis, subject to operational requirements and provisions outlined in this policy. Rotation of Workers refers to one where employees are rotated or alternately provided work within the week. Virtually all stakeholders and respondents to the online survey emphasized the importance of flex work for workers with caregiving responsibilities and their employers. Advocacy groups noted that changes in work schedules, hours and location, including moving to part-time work, can have negative impacts on employees’ pay and/or benefits (e.g. Employer associations argued that having the same requirements for responding to all requests for flex work could create undue burden for employers (e.g. They said that, in many cases, the policies and procedures that are in place today do not yet reflect the reality of flex work and will need to be updated. From their perspective, creating a statutory right will create more stability and predictability in the workplace and lead to more employees seeking changes in when, where and how they get work done, particularly if they are protected from employer reprisal for exercising the right. “The topic of #flexiblework is buzzing in Canada.”. . Flexible work can also be used to change: how work is done; how starting and ending work are managed; how work is managed in the workplace to help employees and businesses. But the truth is that many people feel they have no choice but to leave a job, even though they are willing and able to stay.”, “An elder may indicate to an employed relative or community member that they are craving fresh seal meat. It was noted that research shows that requests are more likely to lead to mutually beneficial outcomes if they involve developing a joint work plan detailing how the new arrangement will work. Labour organizations, advocacy groups, academics and most survey respondents said that granting flexible work arrangements should not be left to the goodwill or discretion of the employer. All of these approaches establish a statutory right to request and share similar principles, but vary to some degree on certain aspects such as entitlement, information requirements, the process for handling requests and grounds for refusing a request and recourse. In addition, many stakeholders, including employer organizations, argued that the federal government should rely on information, education and other forms of proactive compliance before enforcement. Employees are also more likely to avail themselves of an opportunity to request a preferred work arrangement if they know they have a statutory right to do so, and employer reprisals for exercising this right are unlawful.”, “FETCO agrees that flexible work arrangements provide an opportunity for employees to enhance work-life balance, if used appropriately. flexible work requests for changes to the employee’s: the requested change would result in additional costs that would be a burden on the employer. Most employers and employer associations that participated in the roundtables indicated that they normally try to respond positively to requests for flex work. There was a general sense that limiting recourse to the court system would reduce access to justice. The Government has also pledged to deliver on this commitment through meaningful engagement with the Canadian public, unions, employers and other stakeholders and through evidence-based policy development and implementation. For these individuals, flexible work arrangements are important means to manage their symptoms, be more productive at work and maintain their quality of life. Not all participants responded to every question (see Annex A for more details). “One manager refused me outright and was a complete jerk about it, berating me, belittling me, forcing me to seek support and go around him. This means they need a job to ensure they have the ability to buy those necessities. Footnote 1 The importance of providing nutritious foods of choice to the community, the role of hunters and the strengthening and passing on of cultural practices should be valued and accommodated, just as much as the wage economy.”, “Flexible work arrangements, leaves and other benefits for employees serve as important recruitment and retention tools, and banks are very cognizant of that fact as they compete with other employers for talent.”. Joe Nunes: “In its budget, the federal government announced it would give federally regulated workers the right to request flexible work arrangements, such as … Respondents to the online survey indicated that flexible scheduling options, such as flexible start and end times, compressed work weeks and time off in lieu, were the most common types of flex work available in their workplaces—and the ones they most often requested. Some survey respondents noted that encouraging telework and other forms of remote work can not only help employees reduce the costs of working, but also have environmental benefits. Flexible work arrangements not only affect your ability to attract top talent. A form would be a good idea to ensure that no issues get missed. Labour organizations and many survey respondents argued that because a right is a right (and is not contingent on an employee demonstrating worthiness in the eyes of the employer) and the need for flexibility is often unpredictable, there should be no restrictions on when an employee can exercise their right to request. Flexible work doesn’t just mean working part-time instead or full-time or changing the shifts that you work. Survey respondents identified four top reasons for their requests for flex work being turned down: business and operational requirements (e.g. It was suggested that it would be worthwhile to explore the extent to which employer and employee engagement surveys could be a source of data, or whether the Labour Program or a third party could collect and analyze data. Any tips or suggestions would be appreciated since I don't find something that's really discussed a lot. Flexible work arrangements are proven to increase employee engagement, productivity, satisfaction and quality of work. The proposed changes will apply only to federally regulated enterprises which fall under the Canada Labour Code. Flexible Work Arrangements. On the other hand, employers and employer associations indicated that, while employees should not be required to fully disclose health or other sensitive information, they should be obligated to provide a general idea of the reasons. Employers and employer associations agreed that employees should have access to recourse, but expressed concern about placing an unfair burden on the employer in terms of cost, duration, frivolous claims and penalties. This article considers the impact of flexible working arrangements (FWAs), using the British Household Panel Survey and Understanding Society, 2001–10/11.Results of panel logit, ANCOVA and change-score analysis are indicative of positive impacts from use of a number of FWAs, including homeworking having positive effects for men and women on job and leisure satisfaction. Compressed work week arrangements entered into before January 1, 2018, that are in effect on November 1, 2020, are now only valid if: The compressed work week arrangement was entered into through a collective agreement. While least mentioned overall, some survey respondents reported that employers offered a variety of paid and unpaid leave options, including short-term and long-term sick and family leaves, income averaging and education and bereavement leaves. Stakeholders and survey respondents stressed the important role that workplace policies and practices play in achieving cultural change. Canada: Flexible Work Arrangements Proposed By The Government Of Canada 02 November 2016 . There was somewhat less agreement on the conditions that should be met before an employee can make a request. Survey respondents favoured having the employer be required to reply in writing within two weeks to a month. Flexible work arrangements : what was heard. Government’s Flexible Work Arrangements Policy and Hours . For example, opportunities for reducing traffic congestion and air pollution and for supporting regional economic development can be realized at the same time the employer's objectives are met. The Fair Work Act 2009 also prohibits discrimination in the workplace on the basis of factors such as family or carer’s responsibilities, among other things, and makes provision for ‘individual flexibility arrangements’. This section highlights what was heard during the consultations about three aspects of successfully implementing a right to request flex work under the Code: changing workplace culture; compliance and enforcement; and monitoring and assessing progress. periods of good health interrupted, often unpredictably, by periods of illness or disability that affect their ability to work. Union and employer organizations, academics and advocacy groups agreed that, if a request for flex work is refused, the employee should be entitled to know the reason why. [and employees] have no recourse when requests . The names of the organizations and academics can be found in Annex C. This report presents an overview of what was heard during the consultations. I often wish we could create more fluid opportunities . Of these, over one-third (84) said that, to the best of their knowledge, a flexible work arrangement was not available to them and another 19 percent (43) did not ask because they were afraid that it would be turned down. Some noted that, since the onus is on employees to make a request for flex work, they must be aware that they have the right before they can exercise it. Basically, you work more than 7.5 hours each day (if that’s your standard workday) with the goal of reducing the total number of days you work in a given period. Beyond this, they are in line with our commitment to a people first workplace that includes equity, diversity and inclusion as part of its DNA. While not a representative sample, responses to the 34 multiple-choice and open-ended questions provided unique insight into how Canadians view flex work and the experiences they have had with it. Survey respondents noted that employees should be at least able to challenge a decision on procedural grounds. Stakeholders noted that flexible work arrangements may be especially challenging to implement in sectors with 24/7 or continuous operations, such as aviation, rail and trucking, and in small and medium-sized enterprises, where resources to accommodate flexibility are often very limited. health, pensions) and that this can result in employees not taking advantage of opportunities for more flexibility, even if they or their family would benefit. Other measures that were identified, and could have more or less government involvement, included: On the issue of recourse, stakeholders agreed first and foremost with the basic principle that an employee whose request for flex work is turned down or who believes that their employer has not otherwise complied with the relevant provisions in the Code should have access to appropriate recourse. As several employers noted, flexible schedules are one of the working conditions that businesses can use to attract and retain skilled workers in the North. This study documents the different types of flexi-work arrangements that are currently being adopted by corporations around the world including Singapore, and showcases You must submit your request to your employer in writing. By carefully considering what fits your corporate culture, operational needs and employee desires, flexibility can be a boon for … I would like to thank everyone who participated for contributing to the development of new, evidence-based labour policy that will make a difference to Canadians who are looking for ways to balance work, family, and other priorities. In addition, stakeholders and survey respondents pointed to a more fundamental need to adjust norms, attitudes and behaviours related to flex work. A total of 62 stakeholders participated in the regional and national roundtables held as part of the flex work consultations. They generally agreed that flex work has advantages for employees and employers and pointed to a wide variety of benefits: reduced absenteeism and “presenteeism” (i.e. Of all the challenges discussed during the consultations, workplace practices and culture generated perhaps the most interest and the strongest views. Flexible work arrangements : a discussion paper. On social media, the hashtags #FlexibleWork and #ConditionsTravailSouples were used to engage with Canadians via Twitter. certain elements of the broader labour law context. Labour organizations, advocacy groups, academics and think tanks argued that employees should have the right and the ability to seek the assistance of a labour inspector, access mediation and/or file a complaint with an employment tribunal. “I asked permission to take leave while my husband was battling cancer. What is it? If there were more flexible opportunities I believe there would be a significant shift of single parents into the workforce completing full work weeks.”, “A diagnosis of MS shouldn’t mean someone has to give up working . greater productivity and more innovative, more effective ways of working. You will not receive a reply. They also stressed that it is already playing an important role in attracting and retaining good employees and fostering workplace diversity. by developing interpretation guidelines, undertaking outreach) and to cope with an increase in complaints, reviews and/or appeals linked to flex work requests (e.g. They reported many reasons, including: operational requirements; their workplace having core business hours; their job being client-facing; their employer not having a policy governing working from home; and their employer expressing concerns about treating staff fairly or other staff making similar requests. The impact of flexible work arrangements can also reach beyond the benefits derived by the organization and contribute to the development of a sustainable society. by Daniel Yereniuk. Advocacy groups expressed concerns that disclosing personal information would lead to discrimination and argued that employees should only be required to explain how they will meet the requirements of their job while working flexibly. The tweets led to 42 re-tweets and 22 “likes” by individuals, consultants, international associations and others. Important changes to federal employment standards under Part III the Canada Labour Code are set to come into effect on September 1, 2019, that will have a significant impact on many employers operating in the federal sphere. When making a request for a flexible work arrangement, you must ensure that your request is dealt with in a certain way. I am pleased that hundreds of Canadians participated in the online consultation and openly shared their views and their personal experiences. An employee should not be required to justify their request but should be given the opportunity to explain if they wish. Government of Canada issues Flexible Work Arrangements report. It was also noted that it is important for employees, employers and policy-makers to recognize that flexibility in work arrangements is related to but distinct from flexibility to take leave from work. Not all flexible work arrangements are suitable for all companies, so before weighing any options, you need to think about what you are looking to optimize by implementing a flexible work policy. However, the right to request flexible work arrangements under the Code only applies to: employees after 6 months of continuous employment, and; flexible work requests for changes to the employee’s: … III. Two key areas for change were identified: workplace policies and procedures, and norms and attitudes towards flex work and employees who work flexibly. as simple and straightforward as possible; clear about the conditions under which a request can be made (and the reasons for which a request can be denied); read in light of collective agreements and other labour legislation. Once you submit your written request, your employer has 30 days to respond and provide 1 of 4 possible responses in writing: Federally regulated employers are required to consider employee’s requests for flexible work arrangements without consequence to the employee. Employers may deny a request for one or more of the following reasons: An employer cannot reprimand you just because you made a written request for a flexible work arrangement. I worked in a 24/7 environment with a seniority-driven schedule—I was at the bottom of the list.”. Canada. They said, as well, that new policies and procedures may be able to help address issues such as concerns about favouritism in the way employers consider requests and fear of reprisal by managers or other employees as a result of making a request. family status protections around an employee's childcare obligations). Hours of work averaging arrangements. The response to COVID-19 on the part of organizations across Canada has demonstrated that flexible working arrangements can work. This is fundamentally affecting the way that work is organized and creates opportunities for more flexible workplaces. “Both the employee and the employer need to be able to sit down and have a discussion as to how the arrangement would work. . Penalties must be meaningful, but fair and applied consistently.”. The Government of Canada recognizes that Canadians need help to balance their professional and personal responsibilities, and that is why we launched consultations as the first step in bringing the right to request flexible work arrangements to Canada. In May and June of 2016, Canadians participated in the online consultation of implementing a meaningful right to request flexible work arrangements under the Canada Labour Code. Northern stakeholders and Indigenous organizations said that this was especially important in the North, where family responsibilities are often tied to cultural responsibilities and practices, such as hunting, fishing and harvesting. Neither party should be able to put unreasonable restrictions on the arrangement.”, “A legislated standard providing employees with the right to request flexible work arrangements is preferable to the current circumstances, under which employers may consider employee requests on an optional and voluntary basis . For more information see the Fair Work Ombudsman website. “My current manager does not believe that telework or [a] compressed schedule lead to excellence in service. Three main issues related to compliance and enforcement were highlighted during the consultations: promoting proactive compliance by employers, for example through clear guidance, education and training; ensuring that appropriate recourse mechanisms are available for employees whose requests for flex work are turned down or who believe that their employer has not otherwise complied with related provisions in the Code; and. One of the strongest messages heard during the consultations, from survey respondents, labour and employer organizations, academics, advocacy groups and others, was that establishing a legal right to request will not on its own enhance flexibility for workers; complementary shifts in workplace culture are also required. F. lex-time is a flexible work arrangement whereby employees’ determining whether introducing a right to request calls for other key enforcement mechanisms. 1. . It was a horrible situation and it was never really resolved—eventually he left . Stakeholders and many survey respondents recognized that flex work operates in a broader legal context and pointed to several other specific issues which they felt are, or could be, barriers to enhancing flexibility: In addition, labour and employer organizations and several academics stressed that flex work should not affect any rights or benefits under a collective agreement that are more favourable to an employee than those provided under the Code. Simply put, flexible work arrangements are alternate arrangements or schedules from the traditional working day and week. Rotation of Workers refers to one where employees are rotated or alternately provided work within the week. Twenty written submissions were received in response to the discussion paper. . For input on how to implement a meaningful right to request flexible work arrangements for federally regulated workers under the Canada Labour Code, we carried out broad public and stakeholder consultations. dismissal, reduced career opportunities, bullying or harassment). : Em8-32/2016E-PDF "The Government of Canada recognizes that, in order to reform federal policy and deliver real results to Canadians, meaningful engagement must be an integral part of the policy developmental process. I also asked to have my lunch hours consolidated every [two] weeks in order to be with him when he was at the chemo unit, which took most of the day.”. Canada. 17 The response to COVID-19 on the part of organizations across Canada has demonstrated that flexible working arrangements can work. They tended to support processes such as mediation. The following 20 individuals and organizations made written submissions in response to the flex work discussion paper: Advocacy groups, community groups and other organizations. Posted: May 23, 2016 5:00 AM ET | Last Updated: May 23, 2016 requests should be submitted in writing and be clear on what is being requested and for how long). They also emphasized that, while flexibility is about accommodating personal needs, workplace practices, rights and remedies to foster flex work should not duplicate, be inconsistent with or in any way negatively impact the provisions that already exist under the Canadian human rights regime. This section outlines what was heard during the consultations about the processes for employees to make requests for flex work and for employers to respond, as well as when a request can be refused. 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