DFDL recently contributed to the ELA ‘Remote Workers: Asia Pacific Guide for Employers’ publication for 2 jurisdictions: Myanmar and Vietnam.
This guide provides insights to local employers on hiring remote workers in the Asia-Pacific region. Our employment and labor law experts in Myanmar and Vietnam give a clear and easy-to-read overview of the current rules for hiring remote workers with key details on the legal requirements, type of contracts, and the potential cross-border risks. This guide serves as a real tool for legal practitioners and Human Resources managers when deciding to hire a remote employee.
Key questions answered in the guide:
- Is it possible for a foreign jurisdiction entity to hire remote workers in your country? What are the basic legal requirements (if any) for hiring remote workers from a foreign jurisdiction (contractor vs. employee; work permits, VISAs, business registration in foreign country; which local laws will apply; benefits and compensation, etc.)?
- What are the common risks involved in hiring cross-border workers (data privacy and security; monitoring productivity and communications; wrongful dismissal; dispute resolution; permanent establishment risk; workplace safety; tax implications, vicarious liability, etc.)?
- Can the foreign jurisdiction entity impose its foreign law as the governing law on the remote worker’s contract? What are the risks in doing so?
- Can the foreign jurisdiction entity require disputes in the remote worker’s contract to be submitted to its own country’s court (i.e., the dispute forum is foreign to the remote worker)? What are the risks in doing so?
- Are there any specific laws and/or best practices which apply to remote workers in your jurisdiction?
Click here to download the guide.