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by jonp888
427 days ago
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That's usually illegal, unless you're a genuine independent contractor that completes work packages for multiple clients. If it was legal to work in the office of your only "client" 40 hours a week on a permanent basis, then any EU company could ignore the entire employment legislation of their real country by setting up a shell subsidiary in the US. |
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> If it was legal to work in the office of your only "client" 40 hours a week on a permanent basis, then any EU company could ignore the entire employment legislation of their real country by setting up a shell subsidiary in the US.
That wouldn't work because it would be an obvious sham designed mainly to avoid the EU company's responsibilities under employment law. Courts see through those shams very quickly.
Technical people -- including me -- like to try and reduce the law to a series of digital if/then/else tests, but reality is much more analogue. If you're one of a small number of highly-experienced remote contractors engaged by a US-based client with no local subsidiary, the authorities are likely to accept the arrangement, or at least not to spend significant amounts of time investigating it. If you're one of very many Uber-driver-like "contractors" working for a company that is obviously dodging its local employment law obligations, then they're much more likely to be interested.