Key Aspects of Employment law to Consider for Cross Border Workforce


Turning your organization into a distributed workforce without a plan can cause unexpected issues later. Although remote work is not a new concept, however, executing the policy on a wider scale needs proper planning. There are critical lawful inquires, planning requests, and workforce management issues to consider, alongside the continuous test of keeping up your corporate culture and identity. In this blog, we will be discussing ten major success keys to turn your organization into a distributed workforce worldwide.

Here are ten major aspects of employment law an employer needs to consider while setting up or extending a remote work scheme for cross border workforce. Resolving this load of inquiries can establish a strong foundation for a successful remote working team.


1. Employment Law Considerations for Cross Border Work

Before shifting to a remote workforce, employers have to consider several employment laws for employees ready to work from anywhere in the world. Let us check out a few of them –

  • Does local law allow telecommuting (WFH) all day consistently?
  • Does a business need to keep a nearby office or workplaces to store employees’ records?
  • Does an employer need to inform the employees about the changes to the agreements of their business, including their employing entity and place of work? If so, then how it is set off? For instance, do you have to counsel workers when you withdraw from property leases?
  • Does a business have to consult with associations, works committees, or other worker delegate bodies prior to setting up or modifying its remote work framework?
  • What occurs if workers or their agents don’t agree on work remotely anywhere?

Also Read – Why extend your team with remote employees?

2. Health and Safety of Workforce

  • What is the organization’s obligation towards virtual employees’ care?
  • Does the organization have a right or a commitment to provide dynamic guidance on wellbeing issues?
  • Is the organization needed to do wellbeing and security evaluations for employees who work remotely?
  • Are there circumstances in which the organization might be needed to physically get to employees’ homes for wellbeing and security purposes?


3. Compensation and Rewards

    • Will territorial differences in salary stay legitimate where employees are working remotely from another country on a temporary or permanent basis.
    • Are qualifications that apply in the country where the employee telecommutes not quite the same as those in the employee’s previous work environment?

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4. Changes to Labor Force Structure and Employing Entity

The adoption of remote work or work from home overseas can have huge ramifications for your labor force structure. Key inquiries:

      • Is it suitable to change the employing entity for an employee who is telecommuting?
      • Is it profitable to set up a central employing entity for employees across the world?

5. Performance Analysis of Remote Workforce

      • How an organization can monitor its remote workforce performance?
      • Should changes be made to performance assessments?
      • How to support employees having a low-performance rate to empower a better shifting to WFH culture?
      • How can employers track and analyze the efficiency/productivity of far-off employees?
      • Is there any need for face-to-face meetings? If yes, when?

6. Furnishing the Home Office

      • Is the compulsory by local laws that an employer should provide equipment, for example, chairs or PCs and peripherals, for its telecommuters’ home workplaces?
      • Is the business needed to sponsor or add to different expenses of office utilization of the home, including rent/contract, administrations, for example, the expense of utilities or broadband web access, or insurance (mortgage holders, robbery)?
      • How could businesses evaluate the well-being of their remote workforce? Should employers think about the effect on employees with caring duties, or on workers living alone?

7. Employment Terms and Conditions

      • Does the organization require or is it legally needed to make another virtual working or home-working policy?
      • Are reasonable and steady strategies set up for employees to apply to work distantly?

8. Duties towards Displaced Employees

      • Is it possible that organizations can recall the workers back to their nation of employment under existing contractual provisions on times of paid or unpaid leave (occasions) to limit risk exposure?
      • Can a company fire the representatives who refuse to return to their nation of employment?
      • If the employee is working in the “host” country, what extra business law rights would be set off and when?

9. Cybersecurity Risks

      • Are your organization’s information security guidance and cybersecurity safety estimates sufficiently vigorous to ensure virtual working?
      • What extra preparation does the organization have to accommodate workers who process personal data?
      • To which extent can your organization monitor the representative telecommuting, and is it sufficient to avoid risks?

10. Redundancies (legal excusal rules)

On the off chance that a worker’s work environment has transformed from an office to a personal residence, it might be hard for the organization to legitimize terminating their work based on geological redundancy or the closure of a working environment area. Your remote workforce may have obtained new legal rights to stop payments or repayments in the country in which they have been working. Key inquiry:

      • What are the redundancy rules on account of far-off working?

These were some of the aspects that every employer must consider before building a remote team. After this, you must strategize how to hire the top-tier candidates and from where. Hiring the right fit can take your business at its peak, therefore, partnering with staffing agencies can be a better approach to hire the best talents.

Where to Hire Top-tier Remote Workforce?

Nowadays, staffing agencies have been helping organizations pick the right talent from the market. But why hire cloud talents from a staffing firm? Hiring the right candidate can do wonders for your business however the reverse can be devastating. There are several benefits of hiring through a staffing agency such as you don’t have to go through resumes and shortlist the best out of them, you don’t have to negotiate the salaries. It is very important to partner with a staffing specialist as they have a better understanding of the market and can fetch you the right fit for your project. Overall, working with a staffing firm let you focus on your business rather than entangled in recruitment procedure. If you are also looking for recruiting and staffing PeoplActive can help you for sure.

PeoplActive is a leading cloud recruiting and staffing company known to have the best pool of cloud-based talents: Azure, AWS, and GCP. Their unique business model and competitive pricing empower them to be the first choice for Start-Ups, SMEs, and Fortune companies. At PeoplActive, you will always get:

      • Hire remote employees across the world.
      • Your money to be worth it right from the start.
      • Talent in less than 48 hours.
      • Flexible hiring model– hourly or full-time.
      • Choose only the developers that meet your business needs best.
      • 100% dedicated team working on your cloud needs to get it done promptly.

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