Cross-border Remote Work: Key Takeaways!

Remote work always results from an agreement between the employer and the employee. It is neither a vested right nor an obligation, meaning:

• Your employer cannot force you to work remotely;
• You cannot demand it from your employer.

If you have signed an amendment or your contract includes remote work, you are considered to have given your consent.

Remote work can always be revoked by either party; it is not a guaranteed right. However, if an amendment has been signed or remote work is specified in your employment contract, any changes must be formalized in writing.

You can work remotely from France under a foreign contract without needing to change the legislation governing your employment contract.

The following rules do not apply to civil servants—feel free to contact us for more details!

In principle, remote work carries a risk of being transferred to the social security system of your country of residence if you work at least 25% of your time and/or earn at least 25% of your income there. This is the default rule, which also applies in other situations (multiple employers, self-employment, etc.).

A European framework agreement has increased this threshold to 49.9%. According to this agreement, employees working in the country where their employer is based may perform up to 49.9% of cross-border remote work from their country of residence without being switched to that country’s social security system. Germany, Belgium, France, Luxembourg, and Switzerland have signed this agreement, which is valid for five years initially.

As a result, you can work remotely for up to 49.9% of your time or income for a foreign employer without changing to the social security system of your country of residence.

This agreement applies only to remote work. It does not apply to:

• People who, in addition to remote work, engage in other activities (e.g., freelance work) in their country of residence, even if it has signed the multilateral agreement;
• People who work in another country in addition to remote work in their country of residence;
• People with multiple employers located in different countries;
• Self-employed workers.

The agreement text and an explanatory note are available here.

For example, a cross-border worker with a microenterprise in France cannot benefit from the 49.9% threshold and must comply with the 25% rule.

The employer must request an A1 certificate (valid for a maximum of three years) from the relevant social security fund.

Germany: Telearbeit ab 01.07.2023 – GKV-Spitzenverband, DVKA

Belgium: Apply via the ONSS online service ‘Working Abroad’: https://www.socialsecurity.be/site_fr/employer/applics/gotot/crossborder-telework.htm

France: URSSAF: https://www.urssaf.fr/portail/home/travail-etranger-mobilite.html

Luxembourg: CCSS: https://ccss.public.lu/fr/actualites/2023/06/20.html

Switzerland: https://www.bsv.admin.ch/bsv/fr/home/assurances-sociales/int/donnees-de-base-et-conventions/telearbeit.html

As of July 1, 2024, A1 certificates can only be issued retroactively for up to three months.

Belgium: Note that this exemption applies only to social security and not to the Limosa declaration obligation. Remote work performed in Belgium for a foreign employer (e.g., hybrid work or a temporary “workation” in Belgium) still requires a Limosa declaration.

Everything depends on the tax treaty between the country of residence and the country of employment. These rules apply to private-sector employees.

As of July 1, 2023, the following rules apply:

France–Luxembourg: Remote work is allowed with full taxation in Luxembourg for up to 34 days per year. Beyond that, taxation begins in France from the first day of remote work, and in Luxembourg for days worked there.

France–Germany: Cross-border workers are covered by the 2006 agreement; remote work within the border zone is taxed in full in France. Non-border residents are taxed in France from the first day of remote work performed there.

France–Switzerland: A new agreement (June 27, 2023) allows for up to 40% remote work annually until December 31, 2025, without tax consequences for both cross-border and non-cross-border workers.

France–Belgium: Cross-border workers lose their status after more than 30 days of remote work outside the Belgian border zone in a year and permanently after a second breach. Non-cross-border residents are taxed in France from day one.

Belgium–Luxembourg: Remote work is allowed with full taxation in Luxembourg for up to 34 days/year. Beyond that, taxation starts in Belgium from day one of remote work. There’s no official statement saying remote work is no longer considered “leaving the zone.” The rules to keep the cross-border tax status are strict and strictly enforced.

Germany–Luxembourg: Same as above—remote work allowed for up to 34 days/year with full taxation in Luxembourg; beyond that, taxation begins in Germany from day one.

Is it a right/obligation?

Neither. Remote work always requires an agreement between employer and employee.

Half-day of remote work: how is it counted?

For social security, a half-day counts. Half-day remote work is allowed. However, for tax purposes, even one hour = one full day. For example, if you work remotely 2.5 days/week, it will be counted as 3 days for tax purposes.

Remote work and permanent establishment risk?

Yes. If the employee represents the company, has signing authority, and conducts business in their country of residence, the employer may be taxed there (e.g., corporate tax in France on that revenue).

Remote work threshold and overtime?

Thresholds are based on actual hours worked. Overtime counts toward the remote work threshold—but only if paid. If compensated with time off, then the threshold may decrease afterward due to reduced work hours.

Luxembourg: 34 days or 49%?

Technically both. In terms of social security: 49%. In terms of tax: France will tax from day 1 after exceeding the 34-day quota.

Luxembourg: Remote work and tax class 2?

Remote work can impact the tax status of cross-border workers assimilated to residents. You must earn less than €13,000 net/year or less than 10% of income outside Luxembourg to qualify. Complex rules apply—contact us for help.

Germany: Telework vs. Mobile Work?

In Germany, “telework” means working from your main residence, while “mobile work” refers to working from anywhere. France doesn’t distinguish between the two in law or in the multilateral agreement. However, tax implications may differ, especially if you leave the border zone.

Switzerland: 40% or 49%?

Technically both. In practice, Swiss employers cannot deduct foreign tax, so remote work is limited to 40% (2 days/week).

Belgium: Cross-border status

You lose tax cross-border status if you work more than 30 days outside the Belgian border zone in a calendar year. If it happens twice, you lose the status permanently. No official source states that remote work doesn’t count as leaving the zone, and conditions for keeping the status are strict.

If you wish to give up your cross-border tax status, keep in mind that the current 49% remote work agreement is temporary.