Long-Term Remote Work From Abroad Can Become a Right

A recent Dutch court case¹ shows that if an employee works remotely from another country for a long time, this can become an employment condition—even if it started as a temporary arrangement.

Long-term remote work from abroad can become a right

A recent Dutch court case shows that if an employee works remotely from another country for a long time, this can become an employment condition—even if it started as a temporary arrangement. In this case, an employee worked from Ecuador for several years with the employer's approval. When the company later tried to change its policy and asked the employee to return to the Netherlands, the court ruled in favour of the employee. The court said the company could not change the arrangement without a strong business reason.

In this case, the court found that the employer's new policy was not a strong enough reason to override the employee's personal and family interests. The employer did not show that the change was truly necessary for the business.

It is important for employers to note that if employees are allowed to remotely work from abroad for a long period, it can become a permanent right for the employee that can only be changed with a very strong business reason.

Nowadays remote work from abroad is becoming more common, so it's important to find a balance between legal risks and commercial HR considerations. Especially considering that working from abroad can affect applicable law, as well as tax and social security obligations. The Amsterdam Employment team can help you review or draft global remote work policies to ensure compliance.

Footnote: ECLI:NL:RBMNE:2025:6719

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