International
Asia Pacific
EMEA
North America
Latin America
In the current pandemic, many employers have been required to rapidly shift to a remote working model. This shift has raised a number of issues which employers have had to consider, including how best to monitor remote workers' hours of work, how to appropriately supervise and mentor them, and how to appropriately address health and safety obligations outside the usual office environment.
With the tightening of Australia's border controls restricting the ability of individuals to travel overseas and back again, employers are now also grappling with situations where employees who have travelled outside Australia are requesting the ability to work remotely whilst overseas.
This may arise where an employee has travelled to provide care and support to a family member overseas, or to attend a funeral, and is unable to return to Australia in the short term due to caps on arrivals and the limited and expensive nature of inbound flights. It may also arise where an employee has simply opted to temporarily relocate to another country to be near family or take advantage of a lower cost of living whilst they are unable to attend the office for work. There may also be situations where an employer wants to recruit an employee who is currently based overseas but who is unable to travel to Australia in the short term to take up the new employment.
In these circumstances, employers must be mindful of additional risks and practicalities which will need to be taken into account when considering whether to approve a request to work remotely.
Set out below is a summary of the key risks and issues which employers should consider, in addition to the usual concerns associated with remote working, before agreeing to allow an employee to work remotely outside of Australia.
Click here to access the full alert.
Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.
Are you sure want to delete comment ?
Scan this QR Code to share this content
