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German employment

I have an employee currently employed in the UK full time who is looking to work part time in UK and part time in Germany

1. can he approach employer formally to consider it on a flexible working basis in two countries?

2. Which country would he come under for tax purposes- as the work in Germany would be remote?

3. Do the new proposed employment law in Europe rules impact him if the change were to happen in the next year.

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  • Hi Lesley - does your company have operations in Germany, or would this person be the first person to be based there? Cross border employment issues are very complicated. Is this purely an employee driven request and is there benefit to the employer? Reason being is that you'll need to spend money, time and effort on ensuring compliance. To answer your specific questions:
    1. he can include such a request in a flexible working request but an employer would have very strong grounds to decline his request under the statutory reasons.
    2. you'd need specific tax advice but you run the risk from an employer perspective to have a tax presence in both markets.
    3. I'm not sure what you mean about the new proposed employment law in Europe rules. Can you clarify? Is this about UK changes, or are you referring to German employment law?

    Best regards, Paul