INTERNATIONAL WORKER RIGHTS

There is no federal or state law that bars you from working from abroad. There are, however, tax implications in certain countries that you may reside in. If you already have an appointment, the university cannot unilaterally change the terms of your employment and require that you be present in the state as a condition of employment. That being said, UC has indicated it will allow telework for the Fall and Winter terms.

UC has indicated it will continue to allow ASEs who are residing outside the country to work from abroad into the Winter term. We will continue to enforce our rights with the University regarding appointment security and discipline and dismissal — the UC cannot fire workers who are currently abroad and have to allow ppl to leave the state for health or family reasons as long as the work can be performed remotely.

You don’t need an active visa status to work from abroad.

The U.S. Department of the Treasury’s Office of Foreign Asset Control (OFAC) has established regulations that prohibit U.S. persons (including the University of California) from providing services – including remote educational services – to individuals in certain sanctioned countries without a general or specific license. The list of OFAC sanctioned countries currently includes: Cuba, Iran, North Korea, Sudan, Syria and the Ukraine-Crimea Region. To do so would require the employers to acquire export licences, which could take months if not longer to get approved. This means that if the UC should start applying for these licenses to be able to hire ASEs for next term, and we should be pushing the UC to do so. One way around is for the ASEs to teach from a country not included in that above list, but obviously that imposes a cost on the ASEs that many probably can’t afford, so we should be pressuring the UC to ensure they acquire these licenses so future employment for students from these countries can be secured.

You should reach out to a union steward as soon as possible or send a message to organize@uaw2865.org. A union rep will help you file a grievance. UAW 2865 will fight any arbitrary termination of workers who go abroad for health and family reasons.

You have the right not to divulge information, but even if you do and it is used against you, you are protected from arbitrary dismissal.

You do not have to accept any revisions to an appointment letter you have already signed, and the university cannot unilaterally impose new terms. More importantly, you cannot waive your rights by signing a document.

Potentially yes. While working from abroad, you may be subject to taxes and contributions to social welfare programs in that country. We recommend inquiring with a tax expert in that country.

Here is the Berkeley Controller’s Office’s list of steps. If you intend to remain abroad for an extended period of time, it is a good idea to update your UC Path and GLACIER as income earned outside the US is not subject to US taxes.

You cannot waive your rights by signing a document. You cannot be disciplined or dismissed without just cause, and UAW 2865 would fight any arbitrary termination of people who go abroad for health and family reasons.

The UC Office of the President claims departments have discretion over hiring from abroad, but at the same time is issuing what it calls “template language” to departments to use when communicating with student workers about working from abroad. Some departments have chosen to issue communications following this template language, some have altered the language, and other have not issued any communications concerning this issue.

Seemingly. To be studied.

Yes.

Visa-holders are not allowed to donate to any organization related to a local, state or federal US-election. “Foreign nationals are prohibited from making contributions, donations or expenditures in connection with any election—federal, state or local. Also, visa-holders may not donate to any party committee building fund or fund electioneering communications.” Green Card holders, on the other hand, are allowed to donate to organizations directly related to elections. [source]

International students are allowed to volunteer for organizations that play a role in elections. “Generally, an individual (including a foreign national) may volunteer personal services to a federal candidate or federal political committee without making a contribution.” [source] You can volunteer with UAW 2865!

International students and workers are still allowed to communicate their views and spend money for that, as long as it is not tied to an election. “Despite the general prohibition on foreign national contributions and donations, foreign nationals may lawfully engage in political activity that is not connected with any election to political office at the federal, state, or local levels.” [source]

International students and workers are allowed to protest and this right is protected by the first amendment to the US constitution since protests fall under the right to free speech and free assembly. In the event that organizations like your union endorse political actions like strike actions, you have the same protections to take political action as your domestic co-workers to express your beliefs. Contact us at the email above if you have questions! While you have the right to protest, your being able to remain in the US is conditional on many things, potentially including convictions or arrests for criminal activity. If you get arrested it is crucial to be aware of your right to remain silent and talk to a lawyer. Always have the number of a local National Lawyers Guild and an immigration lawyer with you.