This podcast episode hosted by Fasken South Africa Labour, Employment & Human Rights Partner Venolan Naidoo explores the impact of globalisation on employment and how legal principles, especially extra-territoriality, aims to shape the governance of cross-border work arrangements.

The episode covers:

• Transformation of global work: Employment has shifted towards flexibility with remote cross-border roles becoming common, including digital nomads and diverse remote employment setups involving South Africa and foreign entities.
• Trends and challenges: Some employees prioritise flexibility and international experience, while employers increasingly hire globally to fill critical roles, facing legal complexities in tax, immigration, and compliance.
• Legal principles of extra-territoriality: Venolan unpacks this concept which involves applying national labour laws beyond borders and focuses in on multiple jurisdictions.
• Insights from case law: Venolan covers what the South African courts have to say, and their consideration of whether foreign operations are extensions of South African entities, and which jurisdiction’s laws ought to apply (in light of key legal considerations).

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