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HR advice - Remote working - move from Ireland

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  • 27-05-2020 12:56pm
    #1
    Grandessa
    Registered Users Posts: 7 ✭


    Hi folks, my partner has lost his permanent job due to the pandemic. We are paying alot of rent in Dublin which I am unable to sustain on my salary alone, which is causing us alot of stress. He is looking for other work but there isn't any in his area due noone actively recruiting at the moment.

    I am Irish but he is from abroad (in Europe). I don't have family here that we can stay with but he has family in his country with which we would have somewhere to stay free of charge until at least Aug (when hopefully the market starts to move again). I am working remotely , I wanted to be transparent so I spoke with my Director to say that this was my scenario and that we could both get repatriated. He said verbally in principal he didn't have an issues with it as that I can do my job effectively remotely. He said he needed to speak with HR about it. He has since emailed to say that he is not granting me permission to work outside the Irish jurisdiction. I have to go as I have no other option, my partner is my family.

    Does anyone know if there are any legal grounds that he can say this or if there would be repercussions if I left Ireland?

    Thanks a million for your help.


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    #2
    GerardKeating
    Registered Users Posts: 7,528 ✭✭✭GerardKeating


    Grandessa wrote: »
    Does anyone know if there are any legal grounds that he can say this or if there would be repercussions if I left Ireland?

    The obvious repercussions is that your employer would terminate your employment, which you would i assume appeal against.

    As to your employers insistance that you must be in Ireland to work, depending on the nature of your work, and the country you plan to live in, there might be legal issues.


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    #3
    loike
    Registered Users Posts: 333 ✭✭loike


    There is also the obvious issue of tax. You will be working from a different jurisdiction and your employer may not have a base there / not set up to pay tax in that country.


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    #4
    thefa
    Registered Users Posts: 913 ✭✭✭thefa


    Have you contacted your landlord? Advice available online for both landlords and tenants affected by Covid.


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    #5
    Mrs OBumble
    Registered Users Posts: 25,676 ✭✭✭✭Mrs OBumble


    It's most likely tax and employment laws that are making HR say no.

    Maybe try asking again, but see if you can work from another country which you are visiting for a couple of months.


    Or can you afford to move to a smaller cheaper town in Ireland?


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    #6
    RedXIV
    Registered Users Posts: 8,406 ✭✭✭RedXIV


    Might be worth looking into changing your role from a full time employee to a contractor? We had similar issues before and this was one of the solutions offered?


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    #7
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Tax
    Employment laws
    Nature of your job

    Either of those could be the reason and sadly they would be correct to do this.

    best look for somewhere outside Dublin


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    #8
    rn
    Registered Users Posts: 1,056 ✭✭✭rn


    Tax is main reason this can't work. They could give you leeway for about 12 months, however if it's a permanent (12 months+) arrangement then you need to pay tax in the country you live in (getting a refund from Ireland to avoid double taxation). Your employer also has a tax liability for employing you. That usually means your employer has to have or open an office in that country. So the costs and charges can be quite substantial.


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    #9
    Augme
    Registered Users Posts: 5,126 ✭✭✭Augme


    It should be very easy to find cheap places to rent in Dublin or get a discount on rent now. Landlords are desperate to hold onto people.


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    #10
    Misguided1
    Closed Accounts Posts: 215 ✭✭Misguided1


    Grandessa wrote: »
    Hi folks, my partner has lost his permanent job due to the pandemic. We are paying alot of rent in Dublin which I am unable to sustain on my salary alone, which is causing us alot of stress. He is looking for other work but there isn't any in his area due noone actively recruiting at the moment.

    I am Irish but he is from abroad (in Europe). I don't have family here that we can stay with but he has family in his country with which we would have somewhere to stay free of charge until at least Aug (when hopefully the market starts to move again). I am working remotely , I wanted to be transparent so I spoke with my Director to say that this was my scenario and that we could both get repatriated. He said verbally in principal he didn't have an issues with it as that I can do my job effectively remotely. He said he needed to speak with HR about it. He has since emailed to say that he is not granting me permission to work outside the Irish jurisdiction. I have to go as I have no other option, my partner is my family.

    Does anyone know if there are any legal grounds that he can say this or if there would be repercussions if I left Ireland?

    Thanks a million for your help.

    Depending on the nature of the work, you working in another country could create a ‘Permanent Establishment’ in another country for your employer. This could have tax implications not just for you but also your employer.

    If your contract of employment states your location of work as being at their offices in Ireland, they can decline your request.


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    #11
    jrosen
    Registered Users Posts: 1,629 ✭✭✭jrosen


    Is your partner not receiving the covid payment? Speak to your landlord and you could also apply for state help for rent.


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    #12
    ELM327
    Registered Users Posts: 21,373 ✭✭✭✭ELM327


    Should probably have said nothing IMO.
    Easier to ask forgiveness than permission.


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    #13
    Grandessa
    Registered Users Posts: 7 ✭Grandessa


    Thanks a million for the replies folks, really appreciate the help :-)


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