Commercial and Business Law

Employment

Employees have been demanding more remote work options, international employment, and flexible schedules for years. Covid-19 has now succeeded in serving as the ultimate stress test for remote work. And the test of remote work has been successful. It turns out that we can interact, communicate, and create from anyplace.

Payroll

You must take into account foreign payroll if you plan to hire people abroad. Before you do that, though, you should research a number of matters that are country-specific, starting with whether or not you require a corporate presence and how to become an employer.
Next, you must choose whether to manage payroll internally or externally (you should outsource at least until employee 250).

The next aspect of an international payroll to take into account is local net salary. In other countries, the same gross salary will equate to a different net wage. Foreign exchange rates play a role in it, but local variances in tax rates, benefits, contributions, and tax credits are primarily to blame. You must address this if an employee is relocating. This is crucial for employees who are moving, in particular. I would advise doing your research and performing the calculations for gross to net (capping the firm cost at its current level) and net to gross (maintaining the employee’s take-home pay at the same level). You should give harmonisation some thought if your organisation adheres to the equal pay for equal labour principle.

The fact that different jurisdictions have varying criteria for compensation is another crucial component of international payroll. This mostly refers to pay frequency and the minimum wage. Yet, there are certain circumstances that are more specific, such as the Netherlands’ restriction on incentives for those working in the financial services industry (bonuses cannot exceed 20% of a fixed wage).As you can see, when you work to resolve concerns with foreign employment, the subject of payroll should be at the top of your agenda.

Every state or nation where you have employees requires you to register for (and pay) employer taxes in order to assure compliance with local tax laws. They differ greatly (the average across the board is 15.3%)

Taxes

Every state or country where you have employees requires you to maintain compliance with local tax laws. Every nation where an employee resides requires you to register for (and pay) employer taxes. They differ greatly (the average across the board is 15.3%). Then, in order to deduct all contributions, you must register each employee with the appropriate tax and social security authorities. The amount of taxes you must withhold from employees varies greatly. For instance, a single employee earning €79,470 may pay as little as 9.9% in Singapore (conditions apply) and 12.9% in Bulgaria, or as much as 46.6% in Portugal and 46.2% in South Korea in taxes.

Many nations impose additional taxes on top of income and social security levies. For instance, Brazil has approximately 60 distinct taxes, and each of its federate regions has the authority to adopt additional tax laws. Furthermore, tax and social security agencies have a tendency to interpret various tax laws in wildly disparate ways. You’ll have a difficult time navigating all of that tax intricacy. Practicing Catholic, Protestant, and Jewish workers in Germany may be required to pay a tax known as a church tax. Workers in Portugal who make more than €80,882 are subject to a progressive solidarity tax. Residents of Italy are required to pay regional and local taxes.

These taxes must be deducted from employee paychecks before filing them with the appropriate authority or organisation. If you don’t, you run the risk of being accused of tax fraud or evasion as their employer.

In France, in addition to codified employment law, employers are also subject to the rights and obligations outlined in case law, collective bargaining agreements, collective business agreements, firm internal laws, and unilateral decisions made by the employer or established customs.

Rights and obligations in the workplace

Each jurisdiction has particular employment laws that outline the requirements to hire someone there. They encompass all aspects of employment, including work conditions, protections, hours, probation and notice periods, redundancy, termination of employment, and many others. They also cover both employer obligations and employee rights.

In many nations, however, in addition to employment laws, other regulatory agencies also outline the responsibilities of employers and the rights of employees. For instance, in France, in addition to written law, employment rights and obligations are established by case law, collective bargaining agreements, collective company agreements, company internal regulations (required for businesses with 20 or more employees), as well as by the employer’s unilateral decisions or customary practises.

Additionally, the rules of several nations require the formation of a Workers Council, which is responsible for regulating specific areas of employment. It will frequently be necessary to inform or consult the works councils on a variety of employment-related matters, including disciplinary ones. Companies who don’t comply risk incurring fines and penalties of up to €187,515 in Spain.

A right to a safe and healthy workplace, a written payslip, the option to join a union, etc. are among the rights to data protection, whistleblower protection, anti-discrimination protection, and other rights that are generally present in most nations. Also, a few of nations may grant workers the option to request flexible work schedules (United Kingdom, New Zealand, Australia, Germany, and others).

The majority of nations will have extremely strict anti-firewall laws and the correspondingly complex termination procedures that businesses must adhere to. Employees may file complaints with authorities, courts, and tribunals if that is not done. The majority of nations will have laws prohibiting discrimination, but some are going farther, particularly in the area of equal pay. As an illustration, consider the Philippines, which passed the Magna Carta for Women, a comprehensive law on women’s rights. It attempts to end gender inequality and ensure that men and women are treated equally in all spheres of society, including the workplace and consequently remuneration.

The majority of nations will have laws prohibiting discrimination, but some are going farther, particularly in the area of equal pay. One instance is the Philippines, which passed the Magna Carta for Women, a complete piece of legislation.

Employment agreements

Every nation has specific laws governing employment contracts. The first thing to look into is what kinds of contracts are allowed in the nation, whether they are required, and what language they must be in. Also, in some nations, you will need to inform the government officials prior to the signing of a new contract (France, Spain, Italy).

It’s crucial to remember that even while the contract specifies an employee’s duties, working environment, expectations, and other details, it will never have the same legal force as the nation’s labour laws. This means that courts will ignore the agreement and make decisions based on the law if a conflict develops with it (as in the instance of Uber).
It’s also crucial to realise that the contract will need to be updated to reflect any changes to the workforce or the business. When it comes to hybrid and work from home scenarios, this is very important. An supplementary agreement would be necessary, for instance, if an employee relocated permanently from their home in Portugal to work. Nevertheless, it only lasts for three years before needing to be renewed. On the other hand, employers in Estonia merely need to draught a contract change.

It’s crucial to realise that this situation calls for more changes than just the obvious one (the workplace address).
For instance, if you switch to WFH, you might also need to adjust the job description’s structure, working hours, and performance and reporting expectations. Authorities may declare an employee’s employment contract unenforceable if employers do not update it as necessary, turning them into undocumented workers.

The employment contract may specify what an employee performs, where they will do it from, what is expected of them, etc., but it will never be as important as the national employment laws.

Benefits

Government-provided benefits and government-mandated benefits can be broadly categorised as local benefits. The majority of nations will have a required national insurance programme to which either the employer or the employee, or perhaps both parties, will contribute. Again, there are wide variations in regulations. Employers are required to make contributions to employee pension plans, for instance, in the UK and Australia. But, they are not compelled to make payments. In Ireland, all firms with more than five employees are required to provide access to a pension plan.

With the notable exception of the US when it comes to paid maternity, all OECD nations offer paid time-off benefits in one way or another, including vacations, holidays, maternity/paternity leaves, and medical leave.

Benefits in kind, which employers offer at their discretion, further complicate this subject. Benefits in kind are frequently considered taxable income since they have a monetary value. The employee is often responsible for paying that tax. Employers pay it, though, in Australia and New Zealand. Employees in Ireland are subject to that tax but are given a first-time tax-free allowance of €500.

Let’s say you wish to harmonise the benefits you provide on a global scale. In that case, you must exercise caution when dealing with nations like Estonia, which have progressive benefits in kind taxes that can range from 60% to 70%, making them quite unappealing to workers.

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    T&C

    Frequently Asked Questions

    The legal requirements for hiring employees vary widely by country, and can include visas, work permits, and other documentation. Businesses should consult with local legal counsel to ensure that they are complying with all applicable requirements. Some common requirements that businesses may encounter include:

    Obtaining work visas or permits for foreign workers

    Registering with local labor authorities or employment agencies

    Complying with local minimum wage and overtime regulations

    Providing statutory benefits such as paid time off, sick leave, and healthcare coverage

    Complying with local tax withholding and reporting requirements

    Legal requirements for establishing employment contracts:

    Employment contracts should be tailored to the specific laws and regulations of the country in which they will be enforced. Some common provisions that may be included in employment contracts include:

    Terms of employment, including job duties, salary, and benefits

    Termination provisions, including notice periods and grounds for termination

    Confidentiality and non-disclosure provisions

    Non-compete and non-solicitation clauses

    Dispute resolution procedures

    Legal risks associated with NDAs and non-compete clauses:

    The use of NDAs and non-compete clauses can be subject to legal restrictions and requirements, depending on the country in question. In some jurisdictions, such clauses may be unenforceable or subject to strict limitations. Businesses should consult with local legal counsel to ensure that their use of NDAs and non-compete clauses complies with local laws and regulations.

    The use of non-disclosure agreements (NDAs) and non-compete clauses in employment contracts can present legal risks if not utilized properly. The potential legal risks associated with using these clauses include:

    Enforceability: The enforceability of NDAs and non-compete clauses varies based on jurisdiction, as some states and countries have specific laws that address their use. In some jurisdictions, these clauses may be unenforceable or very difficult to enforce.

    Unfair Competition: Non-compete clauses may create an unfair competitive advantage for the employer by restricting the employee’s ability to work for a competitor after leaving the company. This could potentially violate antitrust laws.

    Employee Rights: Some jurisdictions provide greater protection for employee rights, which may limit the scope and enforceability of NDAs and non-compete clauses. Employers must ensure that their use of these clauses does not infringe upon the employees’ rights.

    To utilize NDAs and non-compete clauses legally and ethically across different jurisdictions, it is essential to consult with legal professionals familiar with the applicable laws in each jurisdiction. Employers should also draft clear and precise language in the clauses to ensure their enforceability, and only use them when necessary to protect legitimate interests, such as trade secrets or confidential information. Additionally, employers should consider alternatives, such as non-solicitation or non-disparagement clauses, which may be more appropriate in certain situations.

    The tax implications of hiring remote workers in different countries can be complex, and will depend on the specific laws and regulations of each jurisdiction involved. In general, businesses should be aware of the potential for tax liability in the country where the remote worker is located, and should consult with local tax advisors to ensure compliance with local tax laws.

     

    Businesses should consult with local legal counsel to ensure that they are complying with all applicable laws and regulations.
    United Kingdom:
    Employers must provide employees with a written statement of employment within 2 months of the start of employment, including details such as pay, hours of work, and holiday entitlements.
    Employers must comply with minimum wage requirements and provide statutory benefits such as sick pay, maternity/paternity pay, and paid time off for holidays.
    Employers must operate a PAYE (Pay As You Earn) system to collect income tax and National Insurance contributions.
    Employers must comply with anti-discrimination laws and provide a safe working environment.
    China:
    Employers must provide a written employment contract to employees, which must comply with the requirements of Chinese labor laws.
    Employers must register with local authorities to obtain a business license and apply for work permits for non-Chinese employees.
    Employers must comply with minimum wage requirements and provide statutory benefits such as social insurance, housing fund, and paid time off for holidays.
    Employers must comply with strict employment laws, including restrictions on termination, mandatory severance payments, and restrictions on the use of fixed-term contracts.
    South Africa:
    Employers must provide employees with a written employment contract within the first 30 days of employment, including details such as pay, hours of work, and leave entitlements.
    Employers must comply with minimum wage requirements and provide statutory benefits such as sick pay, annual leave, and maternity leave.
    Employers must register with the South African Revenue Service to collect income tax and comply with labor laws such as the Employment Equity Act and the Basic Conditions of Employment Act.
    Employers must comply with anti-discrimination laws and provide a safe working environment.
    Brazil:
    Employers must provide employees with a written employment contract, which must comply with Brazilian labor laws.
    Employers must register with the Brazilian authorities to obtain a CNPJ (Cadastro Nacional da Pessoa Jurídica) tax identification number and comply with labor and tax laws.
    Employers must comply with minimum wage requirements and provide statutory benefits such as vacation pay, Christmas bonus, and social security contributions.
    Employers must comply with strict employment laws, including restrictions on termination, mandatory severance payments, and restrictions on the use of fixed-term contracts.
    It is important to note that these are general guidelines and the specific legal requirements may vary depending on the nature of the employment relationship, the industry, and the location of the employment. Businesses should consult with local legal counsel to ensure compliance with all applicable laws and regulations in the country where they will be employing workers.

    There are several common employment disputes that can arise in different jurisdictions, including:

    Wage and hour disputes: These disputes may arise when employees claim that they have not been paid the appropriate amount for the hours worked or that they have not been provided with the required breaks. Employers can resolve these disputes by ensuring that they comply with local labor laws and by keeping accurate records of hours worked and wages paid.

    Discrimination and harassment claims: These disputes may arise when an employee alleges that they have been subjected to discrimination or harassment on the basis of their race, gender, religion, or other protected characteristic. Employers can prevent these disputes by having clear policies in place that prohibit discrimination and harassment, providing training to employees on these policies, and promptly investigating and addressing any complaints.

    Termination disputes: These disputes may arise when employees claim that they have been wrongfully terminated, either on the basis of discrimination, retaliation, or for some other unlawful reason. Employers can prevent these disputes by having clear policies in place that outline the grounds for termination and by following a fair and transparent process for terminating employees.

    Breach of contract claims: These disputes may arise when employees claim that their employer has breached their employment contract, such as by failing to pay promised bonuses or benefits. Employers can prevent these disputes by ensuring that employment contracts are clear and specific, and by fulfilling all contractual obligations.

    To resolve employment disputes, employers may engage in mediation, arbitration, or litigation. Mediation is a process in which a neutral third party helps the parties to reach a mutually acceptable resolution. Arbitration involves presenting the dispute to a neutral third party who makes a binding decision. Litigation involves resolving the dispute through the court system. In some jurisdictions, there may also be administrative processes or labor tribunals that can resolve employment disputes.

    It is important for employers to take steps to prevent employment disputes from arising in the first place by having clear policies in place, providing training to employees, and addressing any complaints promptly and fairly. Employers should also seek the advice of local legal counsel to ensure compliance with all applicable laws and regulations.