wabbit02 t1_j5pg0tr wrote
Reply to comment by KeystrokeCowboy in TikTok reportedly threatened to terminate remote employees who don't live near their assigned office location by Sorin61
>An employee remoting into work in another country does not make that company operate or does buisness in that country
unfortunately the laws of many countries define that the residential status does impact an employers liability which may include employment rights, regulatory compliance and Taxation, also the laws of the source company then also have an impact meaning that the situation can be doubly complex. This is less likely to happen if the employer has a strict location policy and can show that the employee has not informed them.
https://seedlegals.com/resources/what-employment-laws-apply-to-my-staff-who-are-working-abroad/
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>Are you telling me people who go on vacations to other countries are legally barred from doing any work remotely in that country
This usually resolves around residential status. Residential status is also separated citizenship or legal right to remain (which in some countries the employer can be held liable for despite not operating or holding a legal entity there - enforcement of which may be interesting in this case but I digress).
KeystrokeCowboy t1_j5pm4x4 wrote
Show me proof a company has had to pay back taxes for the situation called out. Not theoretical law based upon a DIFFERENT SITUATION where that employer hires people THEY KNOW are in another country....
vivikush t1_j5pmy7q wrote
https://en.wikipedia.org/wiki/International_Shoe_Co._v._Washington but that was just different US states.
KeystrokeCowboy t1_j5pngm9 wrote
That company employed 13 people in that state and all of them were residents. The company knew. This is not what we are talking about
wabbit02 t1_j5px7w8 wrote
generally TAX investigations where a settlement is reached are private / only reported where it goes to court and most pay before this.
there is also the issue that the employee is not "likely" to call attention to it if they are benefiting, but that doesn't mean that a company can take the risk.
KeystrokeCowboy t1_j5qjslf wrote
Where are the others if this is such a huge liability issue? This article doesn't really have a lot of details and 500k number for one employee smells like bullshit. There is more to this story. Not sure what you are even trying to blame the company here for. How is the company supposed to pay taxes for an employee that did not notify them where he was living after they got their address when hired? Are you suggesting companies need to send private tax investigators out to verify addresses?
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