In this resource, the legal implications that employers in Hong Kong should have regard to before allowing their employees to work overseas are discussed. Because of the coronavirus pandemic, remote working has become “the new normal” and as a result, there are many factors to consider.
The key takeaways include the following key considerations companies should take prior to allowing any employees to work remotely overseas: ensure that the employee has a right to work in the overseas jurisdiction, making sure that the agreement to work remotely is documented in writing with all relevant details accounted for, varying the employment contract and engaging the employees on an independent contractor basis, and reviewing existing policies and insurance coverage in order to consider updating them or implementing entirely new ones for employees working overseas.
Authors: Nick Dealy, Partner, Matthew Durham, Registered Foreign Lawyer, and Kritika Sethia, Legal Analyst, Gall