Lots of US tech companies like to pretend otherwise, but a complaint or two from the misclassified employee can create plenty of pain for the employer for lying to both the US and foreign governments about the genuine nature of the relationship. And these penalties generally go not to the employee but to the employer, since the noncompliance is generally around employer tax, payroll, and reporting obligations as well as laws which are meant to protect employee rights.
But for example, someone who is fired or laid off in a way that wouldn’t comply with local employment protections if the employment relationship were correctly classified might assert their misclassification claim so that they can also get compensation for their wrongful termination.
If that happens, then the company not only has to scramble to catch up on the overdue social contributions for the complaining employee and pay any applicable penalties, but also likely have to undergo an audit of their other workers in that country plus the same consequences for them.
There’s a reason why any US tech company that’s big enough to be a juicy financial target tends to do this correctly, and why companies like Deel, Remote.com, and their less tech-branded competitors (such as Velocity Global) are gaining popularity among people who want to do this correctly at smaller scales than those for which it makes sense to set up foreign subsidiaries.
When smaller companies take this particular shortcut, are risking severe financial consequences for the company if the authorities discover it, and in many cases this also comes with personal liability for some of the executives who are neglecting their legal duties.
If it was legal to work in the office of your only "client" 40 hours a week on a permanent basis, then any EU company could ignore the entire employment legislation of their real country by setting up a shell subsidiary in the US.
> If it was legal to work in the office of your only "client" 40 hours a week on a permanent basis, then any EU company could ignore the entire employment legislation of their real country by setting up a shell subsidiary in the US.
That wouldn't work because it would be an obvious sham designed mainly to avoid the EU company's responsibilities under employment law. Courts see through those shams very quickly.
Technical people -- including me -- like to try and reduce the law to a series of digital if/then/else tests, but reality is much more analogue. If you're one of a small number of highly-experienced remote contractors engaged by a US-based client with no local subsidiary, the authorities are likely to accept the arrangement, or at least not to spend significant amounts of time investigating it. If you're one of very many Uber-driver-like "contractors" working for a company that is obviously dodging its local employment law obligations, then they're much more likely to be interested.
