RH

XXmin

Teleworking abroad: the rules you need to know

Joséphine

08

/

10

/

2024

Teleworking from abroad offers great flexibility to employees, but also raises legal and practical questions for companies. What are the employer's obligations? How to manage remote work across borders? Discover the essential rules to set up remote working internationally with peace of mind.

Is it possible to telework abroad?

The employer's obligations remain the same

Whether your employees work from France or abroad, your obligations as an employer remain the same. In particular, you must ensure that they declare their professional activity, ensure their safety and preserve their health.

m-work supports you in monitoring working hours and complying with regulations thanks to its intuitive and well-thought-out system. This ergonomic and adaptable tool integrates with your collaborative, calendar and HRIS solutions to streamline the user experience and facilitate the management of teleworking, even from abroad.

Conditions and procedures to follow for employees

Teleworking abroad is entirely possible for employees, as long as they respect certain rules and procedures. The company must put in place a clear and transparent policy on the subject, specifying the eligibility conditions and the procedures to follow.

Employees who want to work remotely from abroad should make sure they have the necessary equipment, such as a laptop and a reliable internet connection. The company must also ensure that they have access to the collaborative and communication tools that are essential to work effectively remotely.

What are the rules and laws that govern teleworking abroad?

Cover the professional expenses of remote workers abroad

By allowing remote work from abroad, you must take care of frisk professionals for your employees: telephone communications, internet connection, computer equipment, office equipment, etc.

Don't forget to provide your remote workers with tools and essential access to their business: laptop, VPN, two-factor authentication... Also, make sure they have insurance coverage, especially for their health and professional liability.

Respect local fiscal and social regulations

When an employee is working from abroad, it is important to comply with laws and regulations of the country in which it is located. This includes fiscal and social obligations, which may vary from state to state. The company must ensure that the employee is well aware of these rules and that they comply with them scrupulously.

Set up a monitoring of hours worked

In order to ensure compliance with working hours and legal limits, it is recommended to set up a system for tracking hours worked for employees working remotely abroad. It also ensures that they get the rest and time off to which they are entitled.

If the employee works more than 25% of his time in one of the Member States of the European Union (EU), the law of the State in which he has his usual residence applies.

Develop a charter or a corporate agreement on remote work

Define the eligibility criteria and the validation process

One charter or a company agreement on remote working abroad is a tool to frame this practice. This document should clearly define the eligibility criteria, such as seniority, position held or required skills. It is also important to detail the process for validating applications, specifying the steps to follow and who is involved in the decision.

Include a teleworking abroad clause in the employment contract

Specify practical and financial arrangements

Integrate a clause on teleworking abroad in the employment contract is a way of formalizing this agreement between the employer and the employee. This clause must specify the terms and conditions, such as the duration of teleworking, the schedules to be respected and the tools made available. It must also address financial aspects, such as the coverage of professional expenses (internet, telephone, equipment) and possible compensation or indemnities.

Check the insurance coverage of remote workers abroad

Before authorizing an employee to telework from abroad, check that they are covered Of insurance. His health insurance and his pension plan must cover treatments abroad. Also, find out about repatriation assistance benefits.

On the company side, contact your insurer to adapt your professional liability and property damage contracts if necessary. The equipment made available to the expatriate teleworker must be covered in the event of theft, loss or damage, wherever it is located. Depending on the country, specific insurance may be necessary.

How to approach teleworking abroad with your employer

Demonstrate the feasibility and benefits of the project

To convince your employer to accept a request for teleworking abroad, it is essential to present a solid and well-argued project. The employee must demonstrate that this way of working is compatible with their missions and that they have the skills and tools necessary to work effectively remotely.

It can also highlight the benefits for the company, such as savings in premises costs or the improvement of the quality of life and productivity of employees. According to a recent study, 89% of employees believe that teleworking has a positive impact on their work/life balance.

However, the rationale should not be discriminatory. For example, it is not possible to consider the family situation of the employee. It may be based on objective criteria related to working abroad: immigration, security, social security, time zone, etc.

m-work supports remote working abroad:

  • Scheduling schedules and attendance monitoring, adapted to different time zones
  • Integration with collaborative tools (chat, videoconference) to maintain the link with the team
  • Management of leaves and absences, in accordance with local regulations
  • Dashboards and statistics to monitor the productivity and well-being of remote workers
  • Visibility on work trends in the company

To peacefully implement teleworking abroad, the employer must continue to fulfill its obligations in terms of declaration, safety and health of employees. It is necessary to anticipate the legal, fiscal and social aspects specific to each country, as well as possible additional costs. Providing the right tools and appropriate insurance coverage also ensures business continuity.

With a transparent policy and tailor-made support, international teleworking becomes a real asset in attracting and retaining talent. What if it was an opportunity for your company to expand its skills pool across borders?