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Can Your Employee Work from Dubai?

  • innamakovska
  • 5 days ago
  • 5 min read
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In Canada, more people are working from home than ever before. Beyond working from their actual homes, employees can head to other countries to do their jobs. This remote work trend presents major employment law and worker protection questions.

When an Ontario worker travels to the UAE for work, Ontario law matters. Some employers and workers don't actually know this important legal fact. Legal obligations remain even when employees book Renty transportation services during business trips, both for work and leisure. So, employers and workers must understand what’s applicable before traveling for work assignments. This article explains how Ontario employment law works during UAE business trips.

An Article from Our Guest Writer from Dubai.


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Applicability of Ontario Employment Law for Remote Workers


As an Ontario worker, when you go abroad for work, Ontario employment law follows you. If the company that hired you is based in Ontario, the rules remain the same wherever you are. It also applies when you sign your employment contract in Ontario under Ontario law. The location where you work temporarily doesn't change these basic facts. 


The Ontario Employment Standards Act applies to employment relationships regardless of the physical location. It regulates salary, holidays, work hours, and time off. Unfair treatment and discrimination are prohibited by the Human Rights Code. The Occupational Health and Safety Act sets rules for safety at work. These laws safeguard business travelers to the UAE who also rent a yacht in Dubai.


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Employer and Employee Obligations During International Work


Below are the obligations of employers and employees during international business trips:


Maintaining Ontario Employment Standards


Employers in Ontario can't ignore the law just because a worker has to travel for work. No matter where employees work, overtime rules are the same as they are in Ontario. For example, you get paid extra if you work more than 44 hours a week.


During a trip, an employer must track your hours carefully. They need to make sure you have breaks and everything is under the regulations stated in the working contract. The ESA sets clear standards for work conditions and pay.


Employee Rights and Protections


As an Ontario worker, you still have rights when you're outside of Ontario. You can't be fired without a good reason or proper notice. Discrimination is still illegal under the Human Rights Code. 


During the work trip, employers must treat workers fairly. If something goes wrong, employees have options to pursue. They can file complaints with the Ministry of Labour.


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Policies and Communication Expectations


Companies should have policies that cover work in locations outside Ontario. The policy should explain how to report the number of hours worked every day. It should detail who to report to if there are troubles or questions. In Ontario, the standard maximum work hours are 8 per day and 48 per week, as set by the Employment Standards Act. Employers and employees can also agree in writing to exceed these limits for working trips in the UAE. Of course, an employee is free to refuse this request. Employees must also be provided with a 30-minute unpaid meal break for every 5 hours of consecutive work. 


Communication is crucial while working across time zones. Employees need clear management check-in instructions. During the time spent abroad, performance tracking must continue as usual.


Travel Expense and Reimbursement Under Ontario Law


Reimbursement is not obligatory under Ontario law when the employee is in the UAE. However, it can be stated in the working contract, and then reimbursement can be legally applied. This practice is seen as a gesture of trust and support from the side of the employer, and it is widely used in big companies as it stimulates workforce loyalty and promotes the company’s image. For example, transportation expenses might be covered by the company, local SIM cards, or coworking space fees, if needed. Written policies for travel in the UAE must be clearly stated in the documents, including extra expenses such as yacht or car rentals. The procedure of reimbursement must be easy to find, and additional papers are good to be ready for the employee to hand them to the rental company simply. 


Best Practices for Ontario Employers


Smart firms plan carefully before deploying workers to places like the UAE.


Establish a Travel and Remote Work Policy


Nowadays, a company needs to have a written strategy for work trips abroad. What happens when workers travel for work should be spelled out in a separate policy. It must cover how to request permission for business trips abroad. The policy should list what expenses the company will pay for. Depending on the type and purpose of the business trip in the UAE, some employees might need to rent a yacht for client meetings. The policy should clearly state whether that's allowed or not, or how to request one. Highlight that to your employee clearly and in a separate document.


Conduct Legal Review Before Authorizing Travel


When people work across borders, employment law can get complicated. Employers should have their lawyer check plans before sending anyone abroad. The lawyer checks to see if the travel plans are legal in Ontario. Lawyers also look at how to cover workers who work abroad with insurance. A yacht charter in the UAE sounds fun, but it has legal aspects. The review keeps employers and employees out of trouble.


Set Jurisdiction and Communication Limits


Employees must know clearly that Ontario law still applies during their trip. Staff should know how to reach management for critical situations. Also, employers must define what counts as working hours versus personal time abroad. For instance, a yacht rental company in the UAE might offer weekend packages to workers. Employers must make it clear whether that time counts as work. Clear communication prevents problems that may arise.


Key Takeaways



Conclusion


Ontario employment law doesn't stop when an employee boards a plane overseas. The rules follow them to the UAE and anywhere else abroad. Employers must keep following ESA standards no matter where work happens. Likewise, employees retain all their rights and protections during work overseas. Smart companies prepare policies before anyone travels for work purposes.


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As an employer, flexible work arrangements are no longer just a perk—they are a necessity in the modern workplace. By prioritizing flexibility, companies can create a happier, healthier, and more engaged workforce. As organizations evolve, embracing FWAs will be key to staying competitive yet safeguarding the mental and physical health of employees.


As an employee, if you’ve been a victim of misclassification, don't wait or there might be serious health implications to your mental and physical health.


You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and your legal options.

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With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment. 


HTW Law - top employment law firm 2023

You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding misclassification, workplace harassment and disability discrimination, and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.


Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.

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Author Bio:


Innamakovska: A freelance spirit decoding the work-travel dynamic. Off-duty, you’ll find him chasing the horizon and enjoying the beach.

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