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15 October 2020 / Juliet Carp
Issue: 7906 / Categories: Features , Covid-19 , Employment , Profession
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Home (working) & Away

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Working at home from abroad—what should employers, employees & their lawyers know? Juliet Carp identifies some of the legal pitfalls & offers some practical suggestions

In brief

  • Challenges of homeworking abroad: first stop immigration.
  • What should a diligent employer do? Global mobility compliance.
  • Where do lawyers come in? Recognising limits.

A lot has been written about homeworking and most of it applies equally to people working ‘virtually’ from abroad. After all, if you are working from home via the internet does it really make a difference if your home happens to be somewhere sunnier or closer to family overseas? The short answer is ‘Yes, it does!’. Extra compliance challenges and costs can be very substantial indeed. While it may make sense to address these when making a strategic decision to move into new markets, it rarely makes commercial sense for one individual who would simply prefer to be somewhere different.

Challenges

So, what are these challenges? First stop immigration, because without immigration compliance, both employee and employer (and sometimes

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Anthony Collins—Laura Moss

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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