Duty of Care (Employer)

In brief for employers

The employer's duty of care is a fundamental principle in the employment relationship. It requires employers to take into account the health, safety and legitimate interests of employees. When working abroad, this obligation becomes more practical and complex: the work location is further away, local risks may be unknown, insurance coverage may vary and emergency processes must be operational.

For employers in the DACH region and the EU, duty of care is particularly relevant for home office abroad, workation, business trips, secondments and longer international stays.

Definition

Duty of care means that employers must take appropriate measures to protect their employees as part of the employment relationship. This includes health, safety, privacy, working conditions, appropriate information, emergency processes and dealing with identifiable risks.

When working across borders, the duty of care is not automatically lifted just because employees want to voluntarily work from abroad. Employers should define which countries, activities and periods are permitted and which requirements apply.

Typical checks

When working abroad, companies should particularly check:

• Is the destination country safe and permitted according to the policy?
• Are there any travel advisories, health risks or safety risks?
• Has the insurance coverage been clarified?
• Are there emergency contacts and escalation channels?
• Is the workplace suitable and safe?
• Are working hours and rest periods adhered to?
• Is it clear what happens in the event of illness or accident?
• Are there any data protection or cybersecurity risks?

These checkpoints overlap with Occupational Health and Safety Law Abroad, Working Time Abroad, Insurance Issues and Remote Work Compliance.

Important distinctions

Duty of care is the overarching protective concept under employment law. Occupational health and safety law abroad specifies health and safety. Compliance Risk Assessment is the process of assessing various risks. Remote Work Policy determines which countries and conditions are allowed.

How Vamoz helps with duty of care

Vamoz Remote Work Compliance helps employers not only fulfill their duty of care informally, but also comprehensibly reflect it in the process. Each request can be documented with country, period, activity, insurance, working hours and requirements.

Vamoz particularly supports:

• structured recording of risks and residence data;
• Application of country and policy rules;
• Documentation of requirements, approvals and rejections;
• Escalation to HR, Legal or Security in risk cases;
• Liaise with health and safety, insurance and emergency processes.