Remote working for non remote companies, where is the line?
A theoretical that I am curious about.
Many people work remotely whilst on travel visas. I know that in many countries this is fine. If you’re in the US and working for a German company on the internet then you’re technically not working in the US. Remain otherwise within the bounds of your tourist visa and there will be no issues.
(from: I want to travel to the USA while working remotely for my non-US employer )
This all makes sense really, afterall, if there was a strict absolutely no work of any kind on a tourist visa rule in place then what would be to happen if you answer an email from your colleague whilst you’re taking your two weeks on the beach?
However…. This brings a situation to mind.
What if your remote company… is based in the country you travel to?
Say I’m an Irish programmer and I want to travel to Australia for a month. I’m doing a bit of entirely internet based work whilst I’m travelling.
Situation A: My client is German (or based in almost any other country in the world)… There is no issue. No work whatsoever in Australia.
Situation B: …my client is Australian. Here I have the one country where the line has been crossed and the law is being broken. Whilst I remain in Ireland it doesn’t matter that my work is technically based in Australia. But when I come to Sydney I’m in trouble.
Am I correct in this analysis?
How strict would this be?
What if you have just finished work for an Australian client?
What if you absolutely are not planning to work whilst you’re visiting but are still contracted by the Australian company?
Would the line only be crossed if I take my work outside my computer and actually go to visit my client?
Best Answer
De jure there are dozens of complex laws and regulations regarding remote employment, under which you may or may not need a special visa in order to work in a given country. Tax laws are an additional complication, where countries such as the UK can deem you as a tax resident for spending as little as 16 days on British soil. And as you said it yourself - things might be even more complicated if your employer is fully (or partially) based in the country of your travel.
De facto, as long as you don't mention your remote job to immigration personnel at the airport, there's a 99.99% chance no one will ever find out. There are millions of people breaking the law by being employed at on-site jobs in any given country, so digital nomads are a pretty low priority for law enforcement.
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As long as your foreign employee works remotely form their own country, there is no need for a work visa either. However, if you were to bring them to the US either for training or an extended stay, then they would need a business visa.Where do most remote workers work from?
Since 2020 people have been meeting by video calls 50% more since COVID-19. During COVID-19 close to 70% of full-time workers are working from home. After COVID-19 92% of people surveyed expect to work from home at least 1 day per week and 80% expected to work at least 3 days from home per week.What is working in remote location?
Remote work is the practice of employees doing their jobs from a location other than a central office operated by the employer. Such locations could include an employee's home, a co-working or other shared space, a private office, or any other place outside of the traditional corporate office building or campus.Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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