Cross-border work: legally complex and organizationally relevant

Cross-border work: legally complex and organizationally relevant

Cross-border employment

Working internationally has become a daily reality for many organizations. Employees work structurally or temporarily from abroad, are seconded to foreign entities or request remote working opportunities from another country, for example to extend a vacation. Although attractive from an HR perspective, cross-border working also brings legal challenges that deeply affect employment conditions, tax position and social security.

Careful policy and legal anchoring are crucial to manage risks and remain compliant.

International work affects multiple areas of law

Cross-border work involves not only employment law. Social security law, tax law, and privacy regulations are also often applicable. For employers, this means they must assess and document the situation per employee and per country. Without proper agreements and documentation, legal conflicts can arise with employees, supervisors, or foreign authorities.

Important legal considerations:

  • Applicable employment law and choice of forum
  • Social security position within and outside the EU
  • Tax consequences and premium obligations
  • Mandatory notifications and posting rules
  • Working conditions and remote liability
  • Allowances, sick leave arrangements, and accidents abroad

Our approach: legally sound and workable for HR

We assist employers in shaping policy and individual agreements on cross-border working. We ensure that the legal framework is both correct and workable within your organization.

Our support includes:

  • Analysis of applicable laws and regulations per situation
  • Assessment of employment contracts and choice of law clauses
  • Drafting or reviewing remote work policy
  • Legal guidance for posting procedures
  • Coordination with external tax specialists and social security experts
  • Recording work agreements, rights, and obligations

Scenarios in which we advise:

  • Employee wants to work remotely from abroad temporarily
  • International posting of personnel to other locations or clients
  • Cross-border hybrid work
  • Expat structures or local-to-local contract changes
  • Drafting or revising international HR policy

Our added value as a legal partner

We combine legal expertise in employment law with insight into the organizational and international context in which your company operates. Through collaboration with tax specialists and external specialists, we can provide comprehensive advice that goes beyond employment law alone. Whether it concerns an individual request or a strategic policy issue – we ensure clarity and legal certainty.

Do you want to properly arrange cross-border work within your organization? We are happy to think along with you about a practical and legally sound approach.

Our specialists are ready for you

Case study

Remote work policy for international consultancy organization

A Dutch consultancy organization with international clients wanted to offer employees the opportunity to work remotely from abroad for a maximum of three months per year. We have:

  • Mapped the risks in the areas of employment law, social security, and taxation
  • Drafted a policy document that formulates conditions and limitations
  • Developed standard clauses for employment agreements and addenda
  • Trained HR in assessing and registering requests

Result: a workable and legally responsible policy that allowed the company to respond flexibly to employee wishes without losing sight of compliance.

Case study

Remote work policy for international consultancy organization

A Dutch consultancy organization with international clients wanted to offer employees the opportunity to work remotely from abroad for up to three months per year. We have:

  • Mapped the risks in the areas of employment law, social security, and taxation
  • Drafted a policy document that formulates conditions and limitations
  • Developed standard clauses for employment agreements and addenda
  • Trained HR in assessing and registering requests

Result: a workable and legally responsible policy that allowed the company to respond flexibly to employee wishes without losing sight of compliance.

Employment law questions? We'll help you move forward

Are you facing an important decision regarding personnel, employment conditions, or a reorganization? Discuss your situation with us and receive clear legal advice you can act on immediately.

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