An employee who goes abroad for a few weeks or a few months is not necessarily seconded or expatriated. He simply goes on a professional mission; his centers of interest remain in his country of origin.
The case of an employee who goes telework is still a little different and his status will depend on the length of time he goes to telework abroad. Due to the health crisis linked to Covid-19, teleworking has experienced an unprecedented boom. It still raises questions about the applicable legislation in terms of labor law or the social security system.
Can an employee telework abroad?
Yes, telecommuting can be done from abroad. However, if the employee decides to telework, he must notify his employer and have an agreement before leaving. You always have an obligation of health and safety towards the employees, and must therefore ensure that the workplace is not dangerous.
Teleworking from abroad is not without consequences, both for the employee who benefits from it and for the employer who authorizes it.
This has an impact in terms of taxation but also in terms of social security. The teleworker may have to pay taxes and social security contributions in the host country. In the event of a work accident during teleworking, it will not automatically be considered as such … The employer and the teleworker must therefore conclude a writing which mentions the location of the teleworking as well as the period during which the teleworking can be carried out.
What social protection for an employee working from home?
In terms of social protection, the principle is the subjugation of the employee in the country in which the activity is physically carried out. However, international social security agreements (European regulations, bilateral conventions, coordination decrees) could make it possible to derogate from this principle.
- You must analyze, for each employee and according to the countries concerned, what are the possible applicable contractual provisions;
- The application of these agreements can sometimes be restrictive, especially in the case of multiple activities. If a substantial part of the activity is carried out in his State of residence, the employee must necessarily be affiliated with the social security system of the Member State of residence;
- The employer may then be required to register locally and set up payroll there.
What health insurance for an employee teleworking abroad?
The expatriate, unlike the seconded, no longer benefits from the social security system of his country of origin. The expatriate can use the local health system. However, the waiting period is often quite long and offers rather weak guarantees. The best solution is to take out international health insurance. Mondassur, an insurance broker for 20 years, offers various insurance options to meet all budgets. You will be covered up to 100% for hospitalization and routine medicine according to the expatriation insurance plan chosen. For a telecommuting stay, it is often interesting to choose an international health insurance from our Goldstart range.
The case of the professional mission abroad
As part of a professional mission abroad (posting of less than 3 months), the employer must take the necessary measures to ensure the safety and protect the physical and mental health of employees. According to the Social Security Code, any employee carrying out a mission abroad must benefit from social protection. Any accident that occurs to an employee during his assignment is considered a work accident and is the responsibility of the company.
Detachment is characterized by:
- A change in the workplace
- A short stay abroad
Social protection for employees on a professional mission abroad
The employee on professional missions abroad remains under the responsibility of the employer. The employee is still part of the workforce of the company in his country of origin. His contract is executed abroad but he continues to be paid by his company in his home country. The employee therefore remains affiliated to the social security system of his country of origin, unlike an expatriate employee. With regard to Social Security, it is as if he had not left.
Posted workers are insured against all risks: old age, sickness-maternity-invalidity insurance, unemployment, death, work accidents and occupational diseases. Almost at the same rate of contribution as under the general scheme.
What health insurance for employees traveling abroad?
As an employer, you have a responsibility to protect employees during their business trip abroad. You must not miss a crucial element: insurance.
2 options are available to you:
2) Either you choose a collective contract to insure all the employees of the company globally. From a few employees abroad, we favor tailor-made solutions and a specific relationship with a single point of contact among our advisers. This is in order to be able to provide you with the best possible support and answer questions from your employees, HR and finance managers around the world.
By purchasing international health insurance, you will be able to limit possible expenses in the event of an incident.
It covers medical costs and prevents all risks that may incur additional costs for the mission. As you will understand, insurance is essential for the organization and success of the expatriation of employees.
Mondassur advises you on your professional mission insurance abroad
Mondassur offers you professional assignment insurance contracts tailored to your needs if you send your employees on assignments. Certain companies thus vary the guarantees in terms of cover for health costs, theft or deterioration of luggage, cancellation of missions, crisis management. Also guarantees against the risk of kidnapping or ransom, death capital or more generally, provident insurance (daily allowances, disability).
Our know-how lies in understanding your needs and knowing the different offers from insurers. This allows us to offer you the best guarantees at the best price with a high level of service.