Model agreement to switch to teleworking

Section 1: Identification of parties

BETWEEN THE UNDERSIGNED :

[Name of Employer], a legal entity duly incorporated under applicable law, having its registered office located at [full address], represented herein by [name of representative], in his capacity as [title of representative], hereinafter referred to as “Employer” ;

AND:

[Name of Employee], resident of [full address], employed by the Employer in the capacity of [job title], hereinafter referred to as “Employee”;

Hereinafter collectively referred to as “the Parties”.

Preamble

WHEREAS the Employee is bound to the Employer by a contract of employment entered into on [date of initial contract];

ATTENDU QUE les Parties souhaitent adapter certaines modalités d’exécution du contrat en raison du contexte organisationnel et des évolutions technologiques permettant le travail à distance ;

ATTENDU QUE les Parties désirent encadrer le passage partiel ou total au télétravail par un avenant contractuel, conformément à la Charte des droits et libertés de la personne et aux dispositions pertinentes de la Loi sur les normes du travail (RLRQ, c. N-1.1);

THEREFORE, the Parties agree as follows:

Section 2: Changes to the employment contract

2.1 Purpose of the amendment

The purpose of this amendment is to modify certain conditions of the initial employment contract signed between the Parties, in order to incorporate a specific clause relating totheperformance of teleworking duties. The purpose of this mode of organization is to enable the Employee to perform his or her duties remotely, within a defined and supervised framework that complies with the legal requirements in force in Quebec.

2.2 Telework location

It is agreed that the Employee will perform his or her duties from his or her principal place of residence, located at the following address: [full address]. Any change of teleworking location must be requested in writing and approved in advance by the Employer. This location must be suitable for the performance of duties, safe, quiet, and allow confidentiality obligations to be respected.

2.3 Terms and frequency of teleworking

The Parties agree that telework will be carried out on a regular basis agreed in advance, i.e. [number of days] days per week, including [indicate days], during regular working hours. The Employee remains obliged to respect the agreed schedule and to comply with any instruction or summons from the Employer requiring his/her presence at the physical work site.

2.4 Supply of materials and tools

The Employer undertakes to provide the Employee with the equipment necessary to perform his or her duties remotely, including in particular a secure laptop computer, access to a virtual private network (VPN) and, where applicable, communication tools such as a business telephone or videoconferencing application. The Employee undertakes to use this equipment exclusively for professional purposes, to maintain it in good condition and to ensure its physical and digital security.

2.5 Reimbursement of teleworking expenses

The Parties recognize that teleworking may give rise to certain additional costs. In this respect, the Employer undertakes to cover, on presentation of supporting documents, part of the following costs: Internet connection, electricity consumption linked to professional use, and any other costs directly attributable to the activity carried out remotely, within the limits of internal reimbursement policies. Reimbursement terms and conditions will be specified in a separate document given to the employee.

2.6 Confidentiality and data protection

The Employee acknowledges that he/she is bound by the confidentiality obligations arising from his/her initial employment contract. He/she shall take all reasonable steps to preserve the confidentiality of data, documents and exchanges carried out in the course of his/her duties. The use of a secure Wi-Fi network, the locking of screens in case of absence, and the non-disclosure of sensitive information to third parties are considered essential. Any breach of this obligation may result in disciplinary action or even termination of contract.

2.7 Accessibility, availability and supervision

During periods of teleworking, the Employee remains fully available and reachable via the usual channels of communication: professional e-mail, telephone, and videoconferencing. The Employer may, at any time during working hours, organize follow-up meetings or request an activity report. The Employee undertakes to respond within a reasonable time and to be transparent about the progress of his/her tasks.

2.8 Reversibility of teleworking

The Employer reserves the right, at its discretion, to terminate telecommuting or modify its terms and conditions, subject to 10 working days’ written notice. This decision may be motivated by organizational imperatives, a change of position, a breach of contractual obligations or any other reason deemed valid by the Employer.

Section 3: Final provisions

3.1 Entire agreement

This agreement constitutestheentire agreement between the Parties with respect to the terms and conditions of telecommuting. It replaces any previous communication, promise or agreement – whether verbal or written – on this subject. No modification shall be valid unless made in writing and signed by both Parties.

3.2 Effective Date

Telework as defined herein shall take effect as of [effective date]. It shall remain in force for a period of [fixed/indefinite], unless terminated in advance in accordance with the terms of point 2.8.

3.3 Continuation of other contractual provisions

The Parties agree that all other clauses of the initial employment contract remain unchanged and fully applicable. In the event of a conflict of interpretation, only the provisions modified or added by the present amendment shall prevail over the initial clauses concerning the organization of remote work.

3.4 Signature

Signed at [city]on [date] .

• For the Employer:
  Name: [Name of representative]
  Title: [Title]
  Signature: _____________________
• For the Employee:
  Name: [Employee’s name]
  Signature: _____________________

Conclusion

Since the COVID-19 pandemic, the use of telecommuting has become commonplace in many workplaces in Quebec and Canada. The purpose of this model agreement is to provide concrete tools for employers and employees wishing to formalize this transition legally, within a clear and balanced framework.

As a reminder :

• The telecommuting location must be precisely designated and validated by the employer.
• Schedules must comply with the initial contract, unless mutually agreed otherwise.
• Confidentiality obligations must be rigorously respected when teleworking.
• Business expenses may be partially reimbursed by agreement.
• The employer has therightto revoke the telecommuting arrangement, subject to certain conditions.

Please note that according to the Quebec Act respecting labour standards(RLRQ c N-1.1), telecommuting does not affect the employee’s fundamental rights, particularly with regard to :

• working hours (sections 52 to 59),
• breaks and rest (article 79.1),
• safety equipment,
• respect for privacy (Charter of Human Rights and Freedoms, article 5).

The Canada Labour Code also imposes obligations on employers to prevent psychosocial risks and maintain mental health, even at a distance.

Practical advice

Consider attaching a “Guide to good teleworking practices” to the rider, specifying, for example :

• rules for using communication software,
• procedures in the event of breakdown or isolation,
• instructions for protecting sensitive data at home.

In conclusion, setting up a telecommuting agreement is not a trivial formality. It is an essential legal tool for preventing disputes, reinforcing trust and guaranteeing smooth remote collaboration.

For any customization or specific legal questions, we recommend that you consult a lawyer who is a member of the Quebec Bar, or refer to the following official resources:

• Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST): www.cnesst.gouv.qc.ca
• Quebec Bar: www.barreau.qc.ca
• Charter of Human Rights and Freedoms: www.cdpdj.qc.ca
• Canada Labour Code: laws-lois.justice.gc.ca

This model is provided for information purposes only, and has been drafted by lawyers to ensure legal accessibility for all. It does not replace personalized legal advice.