Remote working overseas
Covid-19 has seen many employees asking if they can work from “home”, often for an extended period in another country.
Queries range from short term requests related to the crisis, to permanent moves now individuals have learned they can work from home pretty much anywhere. Although many employers feel sympathetic towards such requests, there are potential pitfalls for the unsuspecting with legal consequences relating to employment, tax and social security, benefits, immigration, regulatory issues and data protection including:
- An employee’s stay creating a risk of host country income tax and social security liabilities in addition to UK obligations
- Whether the employer has created a permanent establishment in the host country with the company thus being subject to corporate tax
- Immigration restrictions for non-EEA nationals following Brexit as well as local emergency Covid-19 legislation
- Immigration issues on employees returning to the UK
- Employees benefitting from local mandatory employment protections (e.g. minimum rates of pay, paid annual leave, rights on termination)
- Contracts of employment becoming unfit for purpose as employees acquire additional rights
- Employees no longer being covered by benefit schemes or able to remain in the company’s pension scheme
- Employees processing personal data, particularly if they wish to work outside the EEA where GDPR and EU data privacy laws may not apply
- Regulatory issues (in sectors such as financial and professional services) limiting and employer’s ability to agree to working from overseas
These issues can be particularly daunting for businesses who have not previously needed international advice.
One stop solution
We have a team of experienced individuals who can support across all these issues in a seamless and cost-efficient way. We can support you to put in place policies to deal with such requests and evaluating requests involving specialists for the relevant overseas jurisdiction. On agreeing a path forward, we will support you with advice and documentation required to put any arrangement into effect in a legally sensible and risk managed fashion.
With our offices in Ireland and Hong Kong and through our membership of Ius Laboris, the world’s leading employment law practice, we can source specialist advice that is both commercial and pragmatic in just about any jurisdiction.
Data issues when tracking productivity with employees working from home10 August 2022
Linda Hynes has provided insight on the data issues that may occur when companies use technology to track productivity when working from home.
Linda Hynes discusses hybrid and remote overseas working with RTE Radio 1 – Ireland01 August 2022
As the pandemic eases, it is clear that hybrid and remote overseas working is here to stay for a lot of working practices.
Ireland: Remote working overseas28 July 2022
During the Covid-19 pandemic many employees asked if they could work from “home” from an overseas country. Similarly, employees from overseas countries asked if they could work remotely in Ireland. Two years on, these flexible working arrangements remain attractive to employees and employers may consider allowing employees to work remotely overseas. There are important legal and practical issues associated with these requests, which are explained in this note.
Remote working overseas30 June 2022
The Covid-19 pandemic caused many employees to ask if they could work from “home” from an overseas country. Two years on, it’s clear that the wish to work abroad – either on a temporary basis, or in some cases indefinitely – is part of a permanent sea change in working practices. Technology makes it possible – but this Inbrief explains the potential legal issues and how to avoid the traps.
Remote working overseas – our employer survey23 June 2022
We have surveyed employers from a cross-section of businesses to find out how they are responding to requests from employees to work remotely from overseas.
Updated Comparative Table of employment law developments in Great Britain, Northern Ireland and the Republic of Ireland20 June 2022
Do you need to stay up to date with current and proposed employment law developments across Great Britain, Northern Ireland and the Republic of Ireland? If so, our updated Comparative Table, prepared in conjunction with Legal Island, will be a handy reference guide.
Employment law and the current recruitment crisis07 October 2021
As resourcing becomes more challenging, we explore the employment law and immigration considerations arising from the current recruitment crisis.