WFA: the unforeseen consequences of remote work

March 16, 2022 | xpath.global

WFA or working from anywhere has become part of the employee value proposition – employers have begun to report that it has become difficult to attract and retain staff without providing them with the opportunity to work outside of their contractual employment location. As a result, whether by design or by chance, cross-border remote working has become a feature of job offers.

WFA as a ‘digital nomad’ provides employees with a great deal of freedom and flexibility, allowing them to spend time at home, in their host country, or in a third country that best suits their personal and family circumstances. Allowing and/or enabling employees to WFA has a number of advantages for employers. Access to a larger global talent pool, workplace agility, work-life balance as an employer benefit leading to higher productivity, and lower office/property costs are just a few examples.

The benefits of working from anywhere are at the tip of an iceberg, visible above the water’s surface. However, there are a number of implications lurking beneath the surface, including legal, compensation and benefits, and taxation. Furthermore, there are a number of resource implications. You need to consider all of these factors carefully before working cross-border or remotely.

Working from anywhere has a wide range of legal ramifications

First and foremost, employers must consider labor laws. Employees may be able to obtain employment rights such as termination and consultation rights on a local level. Limitations may apply to employees due to Regulatory requirements. For example, can lawyers practice in a location without registration?

Immigration is another issue – can people legally work in the country in which they live and work? There are also data protection implications. Is it legal for employees to access and store data in the locations where they live and work?

There are also compensation and benefits issues to consider. Living and working in a country other than the one where employees have contracts, can have implications for pensions as well as mandatory benefits. The tax treatment of employee salaries/benefits may also necessitate consideration in light of the local tax regime.

Employers may also want to think about the implications for their pay structures. Role-based compensation may be less appropriate than location-based compensation. That is especially if employees have opted to live in locations where salaries and cost of living are considerably lower. As a result, organizations may need to revisit salary data benchmarking. Plus, to rethink pay reviews, taking into account alternative peer groups.

Source: relocatemagazine.com 

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As of January 8, 2025, the United Kingdom will implement a new Electronic Travel Authorization (ETA) requirement for non-European travelers, including visitors from visa-exempt countries. This new policy is part of the UK government’s efforts to enhance border security and streamline entry processes. Travelers without a valid ETA may face entry denial, so it's essential to understand how to comply with this new rule. What is the UK ETA? The Electronic Travel Authorization (ETA) is a pre-entry clearance document that travelers from non-European countries must obtain before arriving in the UK. It is similar to other systems like the U.S. ESTA or Canada’s eTA and is required for: Short-term visits (up to 6 months) Tourism, business, and family visits Transit through the UK Who Needs an ETA? The ETA requirement applies to travelers from visa-exempt countries, including: United States Canada Australia New Zealand Japan South Korea Travelers from European Union (EU) countries and UK visa holders are exempt from this requirement. When and How to Apply for the UK ETA The UK Home Office advises travelers to apply for the ETA well in advance of their travel date. The process is online and requires: A valid passport Personal details and travel information Payment of a processing fee Once approved, the ETA is linked electronically to your passport and remains valid for multiple entries over a two-year period or until your passport expires. Consequences of Not Having an ETA Failing to obtain an ETA before traveling to the UK may result in: Denied boarding at your departure airport Refusal of entry at UK borders Possible fines or penalties for airlines transporting unauthorized passengers Why is the UK Introducing the ETA? The ETA system aims to: Improve border security by pre-screening travelers Simplify entry procedures at UK ports of entry Prevent illegal immigration and enhance safety How to Stay Compliant with the New Rules To ensure smooth travel to the UK, follow these steps: Check if you need an ETA based on your nationality. Apply online as soon as your travel plans are confirmed. Carry your passport and any related documents when traveling. Double-check the expiration date of your passport and ETA before your trip. Call to Action: Get Expert Assistance with XPath.Global Navigating new travel requirements can be challenging, but XPath.Global is here to help! Our platform connects you with immigration professionals and legal advisors who can ensure you're fully prepared for your trip to the UK. Whether you need assistance with your UK ETA application, visa guidance, or global mobility solutions, XPath Global has the expertise to help you stay compliant and stress-free. Visit XPath.Global today — your trusted partner in global immigration solutions.
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