How to Engage a "Floating Employee" to Work Remotely from a Foreign Country

An international telecommuter―someone working remotely from overseas, in a country other than that of the employer―poses special problems beyond the basic logistics issues inherent with local telecommuters. Indeed, setting up someone to work remotely in a foreign country where the employer does not issue payroll is an awkward structure outside what employment law presumes (employment laws worldwide assume a "master" employs and pays a "servant" both in the same jurisdiction, presumably in the same workplace). These challenges can make a proposed international telecommuting arrangement not worth the cost and effort. Often, they cause these arrangements to fail. Sometimes, they spark expensive international lawsuits.

This fast-paced session, presented by Donald Dowling of Littler Mendelson P.C., sets out the various international telecommuting contexts and scenarios. Then it works through a checklist of the issues to account for in structuring a cross-border or transnational telecommuting arrangement―and the five different ways possible to structure them.

Who Should Attend: 

• In-house compliance and employment lawyers

• HR professionals at multinationals involved in cross-border HR

• Managers/Supervisors with subordinates in foreign countries

• Global mobility professionals including those involved in outbound expatriation

Learning Objectives:

1. Become familiar with different international telecommuting contexts and scenarios

2. Develop a checklist of issues for structuring an international telecommuting arrangement

3. Examine the five possible ways to structure these arrangements ― and the pros and cons of each