Modern Dilemmas: ‘Should I Inform HR About My Workmate Secretly Working From Spain?’

Question: My workmates and I have been working remotely for nearly two years. Our company implemented a long-term remote working policy, but they explicitly stated that we must be based in Ireland. Working from overseas is prohibited.

One colleague has been intermittently working from Spain since 2020. We collaborate closely, but initially, he denied being abroad. His unusually deep tan during Zoom calls raised suspicions. Then, during a phone conversation, I overheard his children splashing in a pool. When I confronted him, he pleaded with me to keep it secret.

We’re currently involved in a highly demanding project, and he’s going to Spain again. He ignores my emails after 6 pm local time, effectively clocking off. Frankly, I find it unjust that he’s enjoying a relaxed lifestyle while I’m consistently working until 9 pm or 10 pm. I’m contemplating reporting him to Human Resources (HR), but I’m also hesitant to initiate a major conflict. What’s the best course of action?

Answer: While the concept of working from home was somewhat ambiguous at the pandemic’s outset, businesses have now provided clear guidelines on permissible work locations. Working remotely from another country raises issues concerning tax, insurance, and employment law. This is why most Irish employers now require their staff to work from within Ireland.

Employment solicitor Richard Grogan, who is presently handling several cases involving employees working abroad for Irish firms, was consulted on this matter. He describes the situation as potentially “a minefield” for both employers and employees, many of whom are oblivious to the ramifications. “It can be a rude awakening for an employer to learn that an employee has been working from Spain for so long that they’ve accrued Spanish employment rights,” he explains. “Similarly, employees can be shocked to discover that a substantial portion of their earnings must be paid towards the Spanish equivalent of Universal Social Charge (USC).”

Richard believes the matter should be brought to the attention of your HR department. However, he also advises raising the issue of your excessive overtime. “If a contract stipulates a 6 pm finish, then this individual is within their rights to finish at that time,” he points out. “And if the person who wrote the letter is working until 9 pm or 10 pm, then they should be addressing this with HR themselves.”

Strategic career consultant Rowan Manahan concurs. “If the project is a ‘non-standard’ undertaking with a fixed deadline, then the colleague’s deliberate unavailability after 6 pm is, at best, inconsiderate and, potentially, obstructive,” he states. “However, if the overall company culture involves long hours, routinely extending into evenings and weekends, then perhaps your colleague is adopting a healthy work-life balance, and you should be reassessing your own work habits rather than resenting his.”

Before acting, Rowan suggests clarifying “precisely what problem this colleague is causing.” He queries whether there’s a way to “address this issue promptly” and “avoid a more significant dispute later.” “The most prominent issue here isn’t your feelings,” he observes, “but rather whether the specific project, or the broader company interests, are being compromised by your colleague’s actions.”

Workplace coach and mediator William Corless of The Workplace Podcast also recommends examining your motivations. “Perhaps this is fundamentally a discussion about someone not pulling their weight, and the question then becomes, how do you raise it? It could also be a matter of differing values, where one person prioritises work, while the other prioritises family.”

Working from home (WFH) is a relatively new paradigm that we’re all still adapting to, he adds. “And sometimes, we need to revisit the team to renegotiate our service level agreements. It may also be beneficial to consider whether this is a genuine ethical dilemma, driven by a sense of justice and fairness, or a personal grievance, fueled by malicious envy.”

The following questions might help clarify your motivations:

1. Would you report your colleague if your current workload was relatively light?
2. If you were planning to resign from your job soon, would you be equally likely to report your colleague?
3. Would you report your colleague if he were working from a small flat in Oslo (where the weather is currently freezing)?

It’s worth noting that not all ‘clandestine expatriates’ are seeking sunshine. Some have relocated to escape overcrowded living conditions or relationship difficulties. Others needed to be nearer to family support networks.

This doesn’t invalidate your frustrations. You’re feeling overworked, and you might be picturing your colleague in a tropical shirt, sipping cocktails during his lunch hour.

But perhaps you could try to view him as a fellow human being who is navigating the emotional impact of the pandemic as best he can, rather than a sun-drenched shirker who’s gaming the system.