Many companies have been reconsidering their work-from-home policies in the years since the COVID-19 pandemic forced office closures. While reversing these policies may be straightforward in the United States, the process is far more complex internationally. Understanding international employment law can help ensure a smooth and legally compliant return to the office. Here are key insights.

• In the United States, non-unionized companies can mandate a return to the office due to at-will employment norms, but this may strain employee relations.
• Internationally, long-term remote work can become an implied term of employment, requiring employee consent to mandate a return to the office.
• Pairing return-to-office policies with beneficial changes may help encourage employee consent and mitigate legal risks.

1. U.S. vs. International

In the United States, where at-will employment is the employment doctrine in all states but Montana, companies can simply inform employees that they need to return to the office, whether part-time or full-time. Employees who do not comply can be dismissed. This is legally straightforward, though it may not be ideal for employee relations.

Outside the United States, the situation is more complicated. Long-term remote work can become an implied term and condition of employment, making it difficult to mandate a return to the office without employee consent.

2. Implied Terms and Conditions

In many countries, employment relationships are contractual and...

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