Working remotely for a German company, sometimes from Italy

17 posts in this topic

Hi all,

due to this "pandemic", I'm working from home since March for a German company, I am full time employed.

I am resident in Germany and I live in a house I've bought.

Since I am Italian and missing the sea :) I thought I could prolong my holidays and work from Italy for a couple of weeks.

My boss said it's not possible, Germans laws prohibit it.

Is this true? 

Any hint would be appreciated.

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I don’t know if this is true, but working from a different country could raise taxation problems for you and your employer so it sounds reasonable to me that they don’t want you to do that. 
what does your contract say about place of work?

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You are working only remote from home, 'Home office', right?

Your meetings are also online, no direct contact with your company.

 

Is there any possibilities that you have to travel to your office or meet someone in person?

 

If the answer is no - you can travel and work from Italy, you will be there in vacation anyway and few extra weeks doesn't matter,

your work is online and you're paying taxes in Germany anyway.

 

One thing tho - be aware of Covid-19 situation, if you are getting sick in Italy you are in troubles with your company.

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1 minute ago, Mr.Bear said:

One thing tho - be aware of Covid-19 situation, if you are getting sick in Italy you are in troubles with your company.

Why that?

 

Thanks for the answer but how can I tell this to my boss? Do you have a link to the laws? 

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I was going to say the same, as long as you don't registar as a resident you should be fine

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11 minutes ago, Smaug said:

what does your contract say about place of work?

 

I have no idea... I should find the contract :huh:

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Because your boss already told you that you cannot travel and work from there.

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I don't do it, of course, we use our VPN system so they know from where I am connecting.

I was just asking if it's really forbidden and, if not, a prove to give to my boss.

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11 minutes ago, Mr.Bear said:

 

If the answer is no - you can travel and work from Italy, you will be there in vacation anyway and few extra weeks doesn't matter,

your work is online and you're paying taxes in Germany anyway.

 

 
I am not so sure about that. I am not saying you are wrong (I am not an expert) but employers have a say about where the work is to be carried out. The German employment contracts I’ve seen mention where the work is to be performed and work-from-home arrangements can also mention all kinds of restrictions. 
at any rate, the OP has been explicitly told “no” so, if he’s going to disobey that order he better make sure he’s not going to get disciplined or even sacked if he gets caught.  

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No, man, your boss is only a 'pezzo di merda'.

It doesn't matter from what country you will connect online and do your daily duties at work.

 

If you are paying taxes in Germany and work only online why this thing is such a big deal for your boss?

You can be at home in Germany and work or you can be in Italy and work...

You are going in Italy in vacation anyway, correct?

His company, his rules... like I said 'pezzo di merda'

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A pezzo di merda :D

 

He is really a good boss and a fair person.

AFAIK, it's possible if one stays less than 6 months in another country.

I will ask HR maybe I get some clarification.

Thanks to all

 

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I'm not a lawyer, but I am a manager and can give you my experience in Austria.  I had an employee who wanted to do "home office" from Italy as well.  HR told me that it's not possible because you can only do "home office" from the address that is in your contract because of insurance.  As an example if you get hurt in the workplace the company might have to cover some costs if you couldn't work.  If you get hurt while working at home under a remote working contract, they still have the same obligation.  I think they feel it's low risk if you are at at your own home/apartment usually in a place near the office (with similar health care available).  However, if you are in a remote location, they don't know dangers there might be, or what kind of healthcare could be available, so they don't allow it.  Especially during the COVID time, they don't want anyone working in an area that might be potentially more risky than where you are "supposed" to be.   You could probably do it, and no one would know or care... but if you got sick or injured you will have problems.

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Also, just to add as I specialize in Voice over IP... (or to confirm what you said...) 

True, working remotely is working remotely... as long as you have internet access, you should be able to VPN in and work just like you are in the office, or close to it.

But, IT can easily see from where you are connecting, so yes, if they want to, they can catch you in like 3 minutes.

 

You are within your rights to ask HR, though.

My contract, for example, does explicitly have my home address as my "work" address. My boss might would be OK with it, as we are pretty laid back... but I could understand why he wouldn't be.

 

Sorry, but if the boss says no, and HR say no... if anything happens, an accident after work hours, etc... you'll probably have problems...

What you should have done is not ask. They probably wouldn't have known.

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5 hours ago, Mr.Bear said:

It doesn't matter from what country you will connect online and do your daily duties at work.

 

Actually it does matter and makes a difference to the Unfallkasse

 

For example, currently my employer only offers Telearbeit and I am required to work at home using a LAN connection (no wireless allowed). My employer, however, is in the process of working out a policy for remote working at any location, but still needs to iron out certain details such as the issue with the Unfallkasse.

 

5 hours ago, trallallero said:

 

I was just asking if it's really forbidden and, if not, a prove to give to my boss.

 

It depends on why your boss doesn't wanting you working from Italy. I know that another poster found a way to sort out the insurance issue for EU countries.

 

 

 

 

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 Just found out there is a difference between “mobile and/or flex” and “home office”. If you're working mobile than you can work anywhere. If it's home office than the company has to supply a desk chair insurance etc. So Be careful on your choice of words. 

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Majority of the companies, including big US Companies in Germany are operating in a "Don't ask Don't tell" policy regarding this topic. You do whatever you want, if goes wrong is your problem. As long you continue register in Germany. 

 

If you want to do it legally, specially inside the EU/EEA the company can issue a GME1 fomular. That's the legal way of doing it. 

 

But it really does not matter that much. Working insurance even within Germany are pretty much useless for home office. And you're not going to work abroad inside other company installations where a control by the authorities can occur. 

 

The only way you can have problems, is if you get sick or injury (and severity means a big bill for the insurance to pay..), then they will check everything and if you're not by the book you can have problems. 

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