yeah I am not 100% but I believe my brother doesnt have it, and hes 5 years younger than me.. So somewhere in that range 89 - 94 ish maybe is a range I think it changed. Thats a lot of guesswork though.
I believe thats dependant on age (when you passed test).. I have 125 grandfathered in.. It appears on my IDP from the uk also.. I know younger folks dont and also dont get it on an IDP.
Anonymous participant the more your role is internal (like HR) the less connection it may have.. Taking an independent contractor route 99% cuts any claim also..
Its really not a real world thing, except to lawyers who need to be concerned about every possible risk.
This is the problem with permanent establishment rules, the rules are often very wide open and subject to a lot interpretation by each party. Then application of those rules becomes a political choice.
Even if you can successfully defend against it, the costs of doing so are a huge potential risk to the employer with near zero upside. So this accusation is made and the company needs to spend 10k plus to properly defend against it, thats risk for what ??
Theres also all kinds of different layers of PE risk (mine was related to construction risk which has different duration issues) Dependant agent, service (especially applicable for Thailand and remote). etc.
For Service
"Service PE
Some countries (especially in Asia, Africa, and the Middle East) have a Service PE clause.
A Service PE arises if:
Employees of a foreign company provide services in the country
For more than X days (often 90 or 183 days in 12 months)
And the services are of certain types (consulting, technical, management)
Even one remote employee providing continuous services can trigger this.
Service PE applies even without a physical office."
If your talking work calls on it.. That one thing (local fax line) cost me high 6-7 digits euros.
Even if the claim ultimately get defended, the kind of lawyer who work on this are many 100s per hour.. It would be a 10k retainer to look into it. Its obvious why am employer would say 'where the upside for us here' ??