There are a number of issues related to this,and I think this is an
important question which bears thought in a larger context as well.
Disclaimer: as Will Bennis points out, this depends very much on your
local laws and you should always consult a lawyer about legal questions. *You
will get better legal advice from your Aunt Fanny' s neighbor's stray cat
than from the Internet,* do not seek legal advice on the Internet.
There are a number of things which coworking spaces in general are not
liable for but nevertheless deal with:
Immigration
Civil RIghts
Equal Pay and labor laws
Pension and Healthcare benefit laws and Disability
There are also some laws which we are liable for but these laws are rarely
enforced:
Postal laws/mail handling
Anti Money Laundering/Know Your Client/Anti Terrorism Financing
Privacy of information (GDPR for the Europeans)
For the first set of issues I think it is about your identity as a space
and I think there is a great opportunity for coworking spaces to lead in
this, I think it is important to think these questions out, to have a
position before everything goes all wahooni shaped, and to communicate this
both internally and externally.
This is in part why the European Coworking Assembly is working on a
handbook to develop best practices in this area; it is why Cobot came out
with its Code of Conduct https://coworkingcodeofconduct.org/ , it is why we
are working on the #lovematija project to provide income security for
freelancers and small business owners.
The second set of issues is about education and making sure your coworking
space is in compliance with all the applicable laws; it is in part why the
Assembly did its GDPR for Coworking series last year and is working on its
Coworking Academy for people who run spaces.
We need to get together on these kinds of issues, there is a real
opportunity here to lead in a rapidly changing world, and it should not be
necessary to reinvent the wheel for everybody.
The legal aspects are of course important and I do not want to minimize
those, but they are by definition local questions I think. The larger
picture is also important for us to think about.
Warm regards,
Jeannine
On Monday, September 30, 2019 at 3:48:16 PM UTC+2, Kimberly Kubalek wrote:
>
> This message is relevant to everyone, but particularly the spaces, like
> mine, run by expats in foreign countries.
>
> I have been a huge supporter of Coworking since I met Tony Bacigalupo a
> few months after he first opened his space in NYC so many years ago. I knew
> after seeing that space that I wanted to open a space as well. It took me
> many years, I did it. I live in San Miguel de Allende Mexico and I opened
> my space 3 years ago.
>
> Because my Spanish is poor, and because I knew community growth was key, I
> targeted membership to expats and English speaking visitors. Which is not
> say we limited it this way, only that the community I developed all seemed
> to speak English, so those were the members we attracted. We were
> successful - being the #1 rated city in the world by Travel + Leisure
> helped and lots of interesting folks popped in to work and often folks
> moved here permanently (with or without legal permission, many people come
> in on a tourist visa and stay for years).
>
> I am working on a plan for a much larger, more sophisticated space and I
> have concerns about expats and visitors who have no legal authorization to
> be "working" while in Mexico. Our laws are quite clear, you may not work in
> Mexico, online, in your home, etc., without authorization or without a
> permanent resident visa. I think all international coworking spaces are
> going to have to face this one. Do you ask your members if they have
> permission to work in your country? Do you feel you can protect your
> members when government officials come in and ask to see your members
> documents? Are you concerned about liability?
>
> I think this a valid concern and I'd like to hear from other space owners. I
> do not want to be a hunting ground for officials looking for people
> breaking the law - and who would want to work in a coworking space where
> they knew the government was going to come around and ask to see visas?! What
> do you do to make sure the people working in your space have the right to
> work there? Does it matter to you at all? Do you think it should matter?
>
> I was just in Austin for 3 months and coworked all over, no one ever
> asked. Not one coworking space ever asked if I had permission to work in
> the USA while I was there. If someone works out of your space and is not
> legally entiled to be working in your country, is that an issue you think
> about? Does this issue concern you?
>
> Thanks in advance for your feedback,
>
>
> Kimberly
>
>
>
> Kimberly Kubalek, Owner
>
> Espacio Coworking - San Miguel de Allende
>
> +52 415 150 1069 MEX Office
>
> +52 415 167 4566 MEX Cell
> +1 858 367 0102
