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> I think countries who want these programs to take off for employees who aren’t contractors need to invest in messaging and legal support for employers as well
by londons_explore 3y ago
> I think countries who want these programs to take off for employees who aren’t contractors need to invest in messaging and legal support for employers as well.
The logical thing to do is to allow both employee and employer to sign a document saying "we both agree that the employment laws of X will not apply, and all employment disputes will be resolved by the courts of Y country according to their laws".
X country would make an explicit law allowing digital nomads to do such a thing, perhaps with limits on Y (ie. require the company to have links to Y, or blacklist countries with zero employee protections whatsoever).
- paxys 3y agoThere is zero chance any country is going to allow a bunch of foreigners in and say "you are formally exempt from our laws".
- londons_explore 3y agowell it wouldn't be all laws... just employment law.
- ptsneves 3y agoEmployment laws not negotiable by design. One reason is so an employer cannot use their collective power against the individual worker. An employment contract is not a regular contract and can only be made according to rules otherwise it void and the court will find out the real nature of the contract for you. Even in the US employment contracts mention that all dispositions are valid only when not in conflict with law. The same happens in Europe. I have a relative who is a work inspector and one case she always points out is the non compete or non disclosure clauses. She says if the contract does not give an obvious compensation for those clauses they will always be voided if tested in court, regardless of both parties having signed them. The threat power often remains though, because people are afraid of falling into such clauses so they self comply without any reason for it. I had work contracts for a developer work where it basically stated I could not have a blog without approval. I found it ridiculous and knew it was likely unenforceable but the tick stays in your head.