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Today’s technologies allow more and more categories of employee to work remotely, from home. And of course, telecommuting has exploded during the pandemic. This has led to the singular phenomenon we might call the “global covid nomad” problem--telecommuters allowed to work from home who either openly or quietly slip off and work remotely from a foreign country where the employer does not issue payroll. A related scenario is the company that recruits an overseas teleworker expressly to work from home overseas, from “day #1.”
International telecommuting brings both obvious advantages (retaining talent) and logistical challenges (the difference in time zones; dislocation from co-workers, customers and the supervisor). But the biggest hurdle, inevitably, is the legal piece: If you employ someone to work in a country where you do not otherwise do business, you might trigger a “permanent establishment,” an imputed foreign corporate tax presence. Separately, you probably trigger payroll mandates--criminal laws in the other country that require employers of locally-working staff to do payroll reporting, withholding and contributions to tax and social security agencies. Further, local employment protection laws almost certainly apply (and a home-country choice-of-law clause will not shut them off).
Please join Donald C. Dowling, Jr., Shareholder at Littler Mendelson P.C. for this fast-paced session offering a toolkit for handling “global covid nomad” problems. He will address:
- Scenarios where the “global covid nomad” problem arises - 10 minutes
- The three legal compliance challenges this situation triggers, and the risks of each - 10 minutes
- Five structures to employ a stray worker in a new overseas country, long-term - 20 minutes
- Compliant strategies for letting a “global covid nomad” work abroad for just a while--and then get back home - 20 minutes