
A mishandled return‑to‑office can trigger costly legal disputes and damage employee relations, jeopardizing multinational firms' operational stability and talent retention.
After three years of pandemic‑driven remote work, many multinational firms are reevaluating the balance between flexibility and in‑person collaboration. Leaders cite concerns over team cohesion, mentorship, and the erosion of corporate culture as drivers for a phased return to the office. At the same time, data on employee productivity and talent retention suggest that a blanket reversal can backfire, especially when workers have adapted to home‑based routines. Consequently, CEOs are seeking a nuanced approach that aligns business objectives with evolving employee expectations.
Navigating the legal landscape is the most intricate part of that transition. In the United States, at‑will employment allows employers to mandate a return with minimal procedural hurdles, though it can strain relations. Outside the U.S., prolonged remote work often crystallizes into an implied term of the employment contract, meaning any unilateral change requires employee consent and, in many jurisdictions, a formal consultation process. Failure to observe these obligations can trigger breach‑of‑contract claims or constructive dismissal actions, making thorough legal review essential before issuing any office‑return directive.
To reduce friction, companies are pairing office mandates with tangible incentives such as one‑time bonuses, enhanced health benefits, or expanded parental leave. These “sweeteners” not only make the overall compensation package more attractive but also demonstrate goodwill, increasing the likelihood of employee consent. Employers should also map flexible‑working statutes country by country, respecting statutory request rights and service‑length thresholds. By combining a clear communication strategy, documented consultation, and competitive incentives, global firms can achieve a legally compliant, culturally sensitive return that safeguards productivity while preserving talent pipelines.
by Shirin Aboujawde, Goli Rahimi, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Wednesday, February 11, 2026
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.
U.S. – Non‑unionized companies can mandate a return to the office under at‑will employment norms, though this may strain employee relations.
Internationally – Long‑term remote work can become an implied term of employment, requiring employee consent to mandate a return.
Pairing return‑to‑office policies with beneficial changes may help encourage consent and mitigate legal risks.
United States: At‑will employment (except Montana) allows employers to tell employees to return to the office; non‑compliance can lead to dismissal.
Outside the United States: Long‑term remote work may become an implied term of the contract, making unilateral changes difficult without employee consent.
In many jurisdictions employment is contractual and requires a written agreement.
Even if remote work isn’t expressly written, a consistent practice can create an implied contractual term.
Employers cannot unilaterally alter such terms; employee consent is required for any amendment.
Employers may propose an amendment to bring employees back to the office, but employees must agree.
After years of remote work, many will view this as a detrimental change and may be hesitant to consent.
Some countries require a formal consultation process before seeking consent.
Consultations are often considered best practice (and sometimes a legal requirement).
Employers should propose the change, gather feedback, document the process, and consider employee input.
The process can take several weeks; once feedback supports a return‑to‑office model, employers can finalize the amendment and obtain signatures.
Pair the return‑to‑office requirement with positive incentives (e.g., one‑time bonus, improved medical/retirement plans, enhanced parental leave).
The goal is to make the overall package attractive enough for employees to consent to all changes.
The right to make flexible‑working requests varies by country.
Some jurisdictions allow all employees to request flexibility from day one; others impose waiting periods or service‑length requirements.
Even a legally compliant return‑to‑office plan can be blocked by employees exercising statutory flexible‑working rights.
Assess contractual obligations, required consultation processes, and jurisdiction‑specific regulations before attempting to reverse work‑from‑home policies.
Careful planning and consideration of employee perspectives can help multinational companies manage the transition effectively.
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