With globalization and the internet, working from anywhere in the world is now a reality. International Remote Working for employers can be an attractive option to workers who want to travel or pursue opportunities that would not otherwise be available to them. But before you say “yes” there are legal considerations that need to be addressed by both parties. This article will outline some of these issues and give you information on how they might affect your business.
Possible Risks for Employers
There is a risk of applying local law if an employee works from out of the state or country. There are two types: 1) When and where they work (e.g., when working in another state, their rights will be governed by that particular location’s laws). The longer they stay there, it becomes more likely to apply local law which can differ on many aspects such as vacation days for example; 2) What type(s) of the contract you use with them – though this factor may not always matter depending on what your company policies say about its employees’ employment status.
In many countries, employees have the upper hand in terminating their employment. Unlike America where employers are given the freedom to terminate at will and without notice-employees abroad can be subject to lengthy termination notices and hefty severance payments if they’ve been with an organization for a certain period of time. In some jurisdictions like China, Mexico, or even England–if you’re terminated by your employer without just cause after being employed there for so long it’s possible that wrongful dismissal penalties might apply as well as court-ordered rehiring!
One of the major differences between countries is how they define overtime-exempt employees. Some European countries require at least 20 days, whereas in Asia, an employee’s years served with a company often determine their work time and paid hours off per year; differential interpretations include whether or not non-hourly pay qualifies as “wages.”
Most jurisdictions outside of America have set minimum requirements for the number of holidays/paid vacation days taken by workers each year: Many countries meet this requirement with either 20+ days (in Europe) or tied to one’s years employed (most commonly found in Asian cultures). The definition for who can be defined as “overtime exempt” also varies greatly from country to country.
Organizations with employees abroad should be aware of the local requirements for social benefits and insurance as well as tax implications. In addition to complying with foreign payroll taxes, organizations must also think about whether having one or more employees stationed in a particular country on a long-term basis makes their organization’s income taxable there under the applicable “permanent establishment” rules.
The immigration law in each country is different, but immigrants without a work visa are not allowed to stay and perform work for an employer. Employers must ensure that their employees get the right visas before they can start working anywhere else on behalf of their company.
According to the United States Citizenship and Immigration Services (USCIS), non-nationals holding H1B or L visas may be subject to adverse immigration consequences if they participate in remote working arrangements. Employees should also consider how this will affect their U.S. status as well, such as whether it would result in a longer stay abroad for them with potential visa implications or loss of employment eligibility due to an inability to provide evidence that the employee is both employed by and physically present at his/her workplace on a regular basis while performing services under these types of agreements.
Required Documents for Applying Abroad in the Philippines
Overseas job seekers are encouraged to plan ahead. Specifically, they should have their passport and NBI clearance in order so that delays won’t hold them back from getting an overseas position quickly when the time comes.
- Resume with all the required details (job descriptions, education, training)
- Valid Philippine Passport. Make sure that your passport has at least six months of validity remaining before your scheduled departure.
- Valid NBI Clearance
- School Credentials. A High School diploma and transcript of college or postgraduate degree are needed as well.
- Valid Professional Regulations Commission (PRC) ID
- Employment Certificates
- Training/Seminar Certificates
- Valid TESDA Certificate (if applicable)