Which employment law?

[fomb]

If I were a remote worker, working for a US company as a UK based employee (there are no UK offices as such), what employment law would I be under? UK or US?

Does this relate to pay as well? For instance, PAYE, NI etc?

[CurvaParabolica]

All depends on how your wages are paid (who by, where from and in what currency). Typically employment contracts state what law they are subject to; in absence of that I would expect the law of the country in which your based would take priority, but there are certain tests that lawyers would apply to each case to determine the correct answer for you.

[Jasandjules]

What does your Employment Contract say?

[fomb]

CurvaParabolica said:

All depends on how your wages are paid (who by, where from and in what currency). Typically employment contracts state what law they are subject to; in absence of that I would expect the law of the country in which your based would take priority, but there are certain tests that lawyers would apply to each case to determine the correct answer for you.

Ah, OK, so it's up to the individual contract? I was of the understanding that one or the other would take precedent.

[craigjm]

If the company has no offices in the UK AFAIK they can't pay PAYE for you and you would have to pay your own taxes. Are you paid in dollars? into a US or UK bank account?

[fomb]

craigjm said:

If the company has no offices in the UK AFAIK they can't pay PAYE for you and you would have to pay your own taxes. Are you paid in dollars? into a US or UK bank account?

No idea as yet, this is all hypothetical at the moment.

[anonymous-user]

While the Law may be defined you will find that in practice you will be able to bring the action in a UK court if you are employed in the UK or signed your contract in the UK, even if the Contract says you must take action in the USA,

[Eric Mc]

I am pretty sure that a UK resident will be protected by UK law, no matter where their salary originates or is administered. If businessess chose to operate internationally, they must comply with the laws that pertain in the countries they chose to operate in.

[Jasper Gilder]

I agree - otherwise all UK companies would domicile themselves in somewhere like Paraguay to avoid UK employment laws

[spikeyhead]

Surely if a company is genuinely based abroad, then trying to bring them to a UK court is going to be problematic in the extreme.

[Eric Mc]

spikeyhead said:

Surely if a company is genuinely based abroad, then trying to bring them to a UK court is going to be problematic in the extreme.

It may be problematic but it doesn't remobe their onbligation to obeu the law of the countries in which they operate.

The Union Carbide accident in Bhopal is a good example of a US based company that flouted the laws of India - with devastating consequences.