Cross-border remote working projects
We structure cross-border remote working for companies. We ensure companies comply with the obligations related to contracts of remote working performed abroad.
since 1998
Professional Advising for Corporate and Individuals
Studio A&P supports companies and individuals with their activities in Italy and Worldwide, providing specialized assistance in global mobility of workers, Italian and international taxation.
Based in Italy
We operate in all Europe
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Chartered Tax Advisors
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Posted Workers Alliance
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+40 Experts
We speak Italian, English, French, Spanish and German
experience
A&P in 2023
Contracts of remote working from abroad
1. Compliance with Labour Law
- Requirements provided by the jurisdictions of the competent States;
- Application of EU regulations: Regulation (EC) n. 593/2008;
- Drafting of the transnational remote working contract;
- Creation of company policies for the management of transnational remote working.
2. Compliance with Social Security norms
- Requirements provided by the jurisdictions of the competent States;
- Application of bilateral/multilateral conventions;
- Submission of requests for certificates of exception to the competent authorities.
1. Compliance with Labour Law
Requirements provided by the jurisdictions of the competent States
Compliance with the requirements provided by the jurisdictions of the competent States in terms of labour law is fundamental to guarantee legal compliance and the correct management of cross-border remote working contracts. Studio A&P ensures compliance with the current regulations of the States involved.
Application of EU regulations: Regulation (EC) n. 593/2008
Studio A&P ensures the correct application of the criteria and the overriding mandatory provisions enshrined in articles 8 and 9 of Regulation (EC) n. 593/2008 to remote working and working from home.
Drafting of the cross-border remote working contract
We take care of the drafting, integration or revision of the mandatory cross-border remote working contract, by supporting the company officers in charge.
Creation of company policies for the management of cross-border remote working
Studio A&P, with over 20 years of experience, is able to structure company policies on remote working, aimed at ensuring clarity, stability and compliance with the regulations in force within the company.
FAQ on the jurisdiction for cross-border remote working contracts
What jurisdiction is applicable to a cross-border remote working contract?
The laws governing the jurisdiction of a remote working contract depend on the employee’s residency, the company’s legal seat and the national and international regulations on remote working.
What laws regulate the rights and liability of employees and employers in the field of remote working?
National and local laws may govern the rights and liability of employees and employers in relation to remote working, including privacy rights, safety at work and data protection.
What happens if an employee works from another country?
If an employee works from a country other than the one where the company is based, some additional considerations may be needed, in terms of international regulations on social security, labour law and taxation.
How are legal disputes on remote working resolved?
The resolution of legal disputes on remote working may take place through alternative means of resolution, such as mediation or arbitration, or by resorting to the competent courts, based on the jurisdiction applicable.
What are the tax implications of remote working?
Tax regulations may vary according to the country where the employee is working remotely. These implications may concern income taxation, tax deductions for work-related expenses and other related issues.
Who is in charge of providing the equipment needed for remote working?
Company policies and local regulations may establish who is in charge of providing the equipment needed for remote working, such as PCs, internet connection and software.
What are workers’ rights in terms of working hours and disconnection?
National laws and trade union agreements may provide for the rights of employees in terms of working hours, lunch break and right to disconnect outside working hours.
2. Compliance with Social Security norms
Requirements provided by the jurisdictions of the competent States
We ensure compliance with the obligations provided for companies by the legislation of the States concerned, in terms of social security. These may include: registration of the employees, social security and insurance contributions, declaratory fulfilments and regulatory conformity.
Application of bilateral/multilateral conventions
Studio A&P is able to correctly apply multilateral or bilateral conventions on social security, allowing companies to take advantage of the benefits contained therein. This way, companies will achieve significant contribution savings and a more effective and harmonised management of rights and social security obligations.
Submission of requests for certificates of exception to the competent authorities
To apply the legislation of the State where the company is based, we request the issuance of the certificate of applicable law (e.g. A1 portable document), by virtue of the exception provided for by article 16 of Regulation (EC) n. 883/2004.
FAQ on social security related to cross-border remote working contracts
What are companies’ obligations on social security for employees working remotely?
Companies must ensure that they comply with the law and regulations on social security, including social security and insurance contributions, for employees working remotely.
How are social security and insurance contributions managed for employees working remotely?
Social security and insurance contributions for employees working remotely must be calculated and paid by the company in compliance with the current regulations. This may include the payment of pension contributions, insurance against accidents at work and other forms of insurance coverage.
What happens if an employee working remotely suffers an accident at work during working hours?
If employees working remotely suffer accidents at work during working hours, they might be covered by the company’s insurance against accidents at work. The company should follow the procedures established for reporting and managing accidents at work.
What are employees’ rights in terms of social security during remote working?
Remote workers are entitled to the same social security and the same insurance and social security benefits of employees working on site. Such rights may include insurance coverage for accidents at work, occupational diseases, unemployment benefits and more.
How are tax-related issues on remote working managed, in terms of social security?
Tax-related issues on remote working, including those related to social security, may vary according to national and international legislation. It is important that companies and employees consult tax experts, to ensure compliance with the current regulations.
What happens if an employee working remotely has to take a period of sick leave?
If employees working remotely get sick and have to take a period of sick leave, they might be entitled to benefits such as sickness allowance or other forms of financial support, provided by social security. Companies should co-operate with the employees to provide the necessary support during their period of absence.
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