Have you ever worked in the healthcare sector? If you had answered “yes”, then I am sure you have gone through the rigmarole of memorizing endless legal protocols that come with the territory. If you answered no, the example above applies to almost every single industry. As burdensome as it sounds, it ensures both the employer, and employee are fulfilling all their legal obligations. Australian and Non-Australian workers are the cornerstone of Australia; we owe it to them for building this nation up. Educating professionals on their legal obligations, and how to fulfill them, are responsibilities that each company must rightfully bear.
As per usual, there is always a fundamental “but” that soon follows. But! As companies such as ourselves look to systemize operations digitally through the employment of virtual assistants from across the globe, how do these rules transcend beyond the regular workplace? How do we ensure that international protocols are being followed? What are employers legally liable for? These are some of the emergent questions as employees situate themselves at home, or even across the world! The tables below discuss the protocols to be followed so that your business can operate without reneging on international and local codes of conduct!
Paying the Toll
Problem: No one enjoys filing and paying taxes (nor am I suggesting that I am a libertarian). Conversely, there are further complications when a virtual assistant working from abroad is involved. Taxes are a legality that is rife for confusion. For the sake of clarity, it is important that this fact is made known by the employer to avoid future legal troubles.
Example: Outsourcing website copywriting to offshore virtual assistants.
Solution: In Australia, we have signed international tax treaties with over 50 countries. What does this mean? It means that international workers are not double taxed in both their country of residence, and employment. Depending on the virtual assistant’s country of residence, he or she is only legally obligated to pay taxes on foreign income there.
Risk, Reward and Understanding!
Problem: Given the importance of legal obligations, in most countries, it is mandatory that there be a document explicitly outlining the contractual relationship between them. Important inclusions range from remuneration to working hours. The worst thing an employing company can do is provide imprecise information, especially in delegating responsibilities, and managing expectations. Doing so allows both parties to be in clear agreement, avoiding needless legal proceedings down the line.
Example: The employment of offshore, virtual assistants to deal with non-serious, medical consults. Communication is limited to video or phone calls, and digital messaging. With internet rules such as Poe’s law, it is oftentimes difficult to understand intent virtually.
Solution: Almost universally, written contracts need not be written in official language if both parties understand the conveyed content and intent. Discuss each section of the drafted contract in a concise, and orderly fashion. Complete understanding must be ascertained to avoid legal misunderstandings from arising. Remember that the virtual assistants on the other end of are human too. Treat them as such!
Safety First!
Problem: As an organization, it is easy to tunnel-vision on profit at the expense of safety and welfare. Understandably, organizations are expected to increase turnover! However, if on-site or off-site foreign employees experience injury during work hours, the employer is legally obliged to compensate the victim for the harm induced, and additional damages for violating one’s duty of care. An employer’s duty of care applies to both the physical, and mental welfare of one’s employees.
Example: A foreign employee working from home is operating in dangerous conditions, increasing the likelihood of injury during work hours.
Solution: Host regular, virtual inspections of employee workstations at home, and enforce corrective measures to reduce any hazards (sharp objects, flammable liquids etc.)
At the end of the day, no one is above the law! In the healthcare sector, these are the basics that MUST be met. While the stakes are higher in healthcare, given that lives are at risk, the rules still apply to other industries. At HIPPO Business Services, we screen and select any viable virtual assistants that best meet your needs and wants! During this process, we will walk you through, step-by-step, the legal obligations you have to your new virtual assistant, and vice-versa. If you have any further questions, do not hesitate to contact us. We wish you the best of luck on your entrepreneurial journey!
