They pointed to the benefits of flexible hours or a change in shift or work location for these individuals. : 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. Then pick an arrangement accordingly: 1. [and employees] have no recourse when requests . According to Employment and Social Development Canada (“ESDC”), flexible work arrangements would help Canadians balance work and family or other personal responsibilities. 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 . [However,] FETCO asserts that employers, unions and employees should be left to sort out appropriate arrangements, without government intervention.”. 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. For these individuals, flexible work arrangements are important means to manage their symptoms, be more productive at work and maintain their quality of life. Penalties must be meaningful, but fair and applied consistently.”. In this day and age, an Inuk hunter requires considerable funds to purchase hunting equipment and supplies. Survey respondents tended to agree that the employer should have an obligation to respond in a reasonable timeframe, but some noted that the timeframe should be dependent on the type of request (emergency or short-term versus long-term request) or the industry. They also pointed out, as did some labour organizations, that when short-term flexibility is required, there is often not enough time for a longer, more formalized process because the employee needs a response as quickly as possible. Flexible work arrangements : what was heard. 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. On the other hand, if they are working, they do not have as much flexibility to go hunting. These arrangements are usually established with specific guidelines so that a "core" working day exists. Views on whether employees should have a legal right under the Code to make a request for flex work were very polarized. Flexible Work Arrangements. Following your request, you are protected from reprisals (for example, termination, demotion). A few said that they were given information about how to use sick leave or vacation leave to provide any needed flexibility. Employer organizations argued that employers should be allowed to modify or cancel a flexible work arrangement that is in place. 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 stakeholders represented a total of 50 different organizations (18 employers and employer associations, nine unions and labour organizations, 21 advocacy groups, community groups and other organizations and two think tanks) and included seven academics. Most of the 600 or so survey respondents who said that they had requested flex work in the past five years indicated that they did so to increase their flexibility to care for family, or to manage health issues or other personal responsibilities. It was suggested that ideally education and training for employers and employees would be provided as well. There was a general sense that limiting recourse to the court system would reduce access to justice. Many survey respondents and stakeholders recognized the importance—for the federal government, union and employer organizations and others—of having access to reliable data on the use of the right to request, the outcomes of requests and other issues related to flex work more generally for various purposes. 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. Returning to work soon and I'm trying to determine hours of work etcetera. For some employees, flexible work arrangements offer opportunities to work a flexible schedule before they fully retire. For employees, it offers a way to better manage the often competing demands of paid work and their family and other personal responsibilities outside of work. It was a horrible situation and it was never really resolved—eventually he left . Some employees who have worked for the same employer for at least 12 months can request flexible working arrangements, such as changes to hours, patterns or locations of work. The activities offered Canadians and stakeholders multiple channels for providing their views and experiences related to flex work, the right to request flexible work arrangements and issues associated with implementing the right by June 30, 2016. 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. However, three in 10 said that it had not. . Our employers have a large number of such arrangements in place currently. One of the common messages from stakeholders was that to successfully implement a right to request, the federal government must provide employers and employees—on an ongoing basis—with clear information and guidance about roles and responsibilities under the related provisions of the Code. 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. . Flexible work arrangements : a discussion paper. 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. Flexible Work Arrangements: Transforming the Way Canadians Work is based on a survey of 324 Canadian employers conducted by The Conference Board of Canada in June 2017. Aboriginal Peoples Television Network Inc. British Columbia Maritime Employers Association, Fédération des chambres de commerce du Québec, Fédération des travailleurs et travailleuses du Québec, International Longshore and Warehouse Union, Public Service Alliance of Canada (Atlantic), Calgary Economic Development / WORKshift Canada, Canadian Centre for Elder Law British Columbia Law Institute, Immigrant Services Society of British Columbia, Regroupement des aidantes et aidants naturels de Montréal, Arla Day, CN Centre for Occupational Health and Safety, Saint Mary’s University, Brenda Lautsch, Beedie School of Business, Simon Fraser University, Diane Lacaille, Mary Pack Chair in Rheumatology, University of British Columbia, Graham Lowe, Professor Emeritus, University of Alberta, Janet Keefe, Nova Scotia Centre on Aging, Mount Saint Vincent University, Karen A. Duncan, Rady Faculty of Health Sciences, University of Manitoba, Stéphanie Bernstein, Université du Québec à Montréal. a job not being suitable for the flexible work arrangement being requested); an employee’s poor work history; additional costs to the employer; and a negative effect on productivity and workflow. Posted: May 23, 2016 5:00 AM ET | Last Updated: May 23, 2016 In fact, senior management believes that being in corporate services means that you must be here [five] days a week as it should not be a burden to clients when we are off of work and they should be able to contact us anytime they need it.”, “I've seen many employers who claimed to offer flexible hours, but either refused to honour the commitment, or let people go who requested it.”, “I asked for consistent scheduling to the extent possible in order to take night classes at University. They cautioned that cases where an employee’s employer fails to accommodate them to the point of undue hardship (e.g. “The issue is putting this [right to request] in place while communicating the positive aspects and ensuring that employers see how this will benefit them in the long run, instead of creating an undue burden on employers, which would result in some fractious situations in the workplace.”, “Establish a reporting mechanism for employees to submit information when an employee's right has been denied and a penalty for employers who do not comply. Employer associations argued that having the same requirements for responding to all requests for flex work could create undue burden for employers (e.g. Flexible work as an employment standards entitlement: Furthermore, federally regulated employers should know that their employees enjoy a right to request flexible work arrangements. I've done compressed work weeks before but other other types of flexible work Arrangements? 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. Footnote 2. Employees should familiarize themselves with both of these policies. Most survey respondents who had made a request to their employer for flex work said that it had been granted. The Government of Canada's Blueprint 2020 initiative also promotes finding new and better ways for public servants to work. More than 60 stakeholders, including employers and employer organizations, unions and labour organizations, advocacy groups, academics and others, also took time to meet with us or to send us their input in writing. Employers should be required to respond within a month, though there should be exemptions (faster responses required) for times of emergency.”. These rights and protections help employees balance work and home life. This is fundamentally affecting the way that work is organized and creates opportunities for more flexible workplaces. 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. Canadians and stakeholders alike indicated in the online survey, at the roundtables and in their written submissions that flexible work arrangements are available in many workplaces across Canada through employer human resource policies, informal workplace practices and collective agreements. 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. public recognition for workplaces that have best-in-class initiatives to support enhancing flex work. “Flex work is not about working less, it’s about working better.”, “I am the ED of a small, non-profit arts organization and aim to accommodate staff requests for flex time by accounting for lieu time accumulated by evening and weekend duties. The Government has also pledged to deliver on this commitment through meaningful engagement with the Canadian public, unions, employers and other stakeholders and through … However, like most employers and labour organizations, they noted that such a time period would not accommodate emergency requests or some short-term requests. This means they need a job to ensure they have the ability to buy those necessities. 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. Hours of work averaging arrangements can be between an individual employee or groups of employees and their employer. In addition, they said that, if a request is determined to have been unreasonably denied, it should be honoured, but that the employer should not be required to compensate the employee. In addition, stakeholders and survey respondents pointed to a more fundamental need to adjust norms, attitudes and behaviours related to flex work. 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. . There was a general sense from survey respondents and stakeholders that, despite progress having been made in recent years, organizational norms in many workplace cultures remain biased against flex work and there is still often a stigma attached to asking for flexible work arrangements or a fear of formal or informal reprisal (e.g. From Public Services and Procurement Canada When you compress your standard weekly hours into fewer than 5 standard working days over a given period, you work a variable workweek. Dentons 0 Liked this Article. Their view was that this would allow employers to make better-informed decisions when faced with competing requests, or to propose other accommodations if the initial request cannot be accommodated. Survey respondents and stakeholders recognized that flex work is—and should be—part of today’s workplace reality. Minister Mihychuk would like to thank all those who participated in the flex work consultations. They tended to support processes such as mediation. Getty Images comments Leave a comment Many employer and labour stakeholders and advocacy groups indicated at the roundtables and in their written submissions that, when considering a job offer, individuals are now more often choosing flexibility over a higher salary or opportunities for career advancement. 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