In certain industries - are there regulatory rules governing the work that can be carried out in a jurisdiction? Is approval required by a regulator for an employee to work there?
REGULATORY REQUIREMENTS
Employers need to ensure that the employee has the right to work, either under existing immigration rules, nationality or through obtaining the correct visa.
IMMIGRATION
LEGAL IMPLICATIONS
If an employee changes their work jurisdiction an employer needs to review whether it has any impact on the contract of employment. Are there different labour laws in the new jurisdiction that may be applied to the contract? Under whose labour law will any disputes be settled upon redundancy or resignation? Are there differing employee rights in relation to holiday entitlements, minimum wage levels etc. that may need to be taken into consideration?
INSURANCE
How can Health and Safety requirements be managed? Do existing insurance arrangements ensure coverage for the employee if needed?
IT SECURITY
Can the security of the employer’s IT systems be guaranteed? Will access to the systems necessary for the completion of tasks be unfettered for the employee? And can it be confirmed that the new working arrangement does not impact any obligations under Data Privacy legislation?
How will the work be managed? Particularly if working across different time zones. Can line management and adherence to required HR Protocols be maintained effectively?
EFFECTIVE LINE MANAGEMENT/HR PROTOCOLS
