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Moving to another town/region and working remotely for my company, legal or not?
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I am non-EU. I came to Germany in October 2019 as a Fachkrafte (high-skilled) foreigner and have been working full time non-stop for my company since January 2020 though since March 2020 the vast majority of my shifts have taken place remotely due to the pandemic. I was told by my boss as well as Human Ressources that the option to work remotely will always remain available even as we leave the pandemic behind. My boss works as a contributor from his home country and has a freelance contract. In a year or two, if I'm still there, I would to move to another town and region in Germany and continue working for the company from there but entirely remotely. I have colleagues who stayed in the company but decided to work from other countries and now have a freelance contract. HR told me that if I leave the city that I am currently working in, I would only be able to be a freelancer even if I stay in Germany. Because of my specific situation and me wanting to apply for permanent residency in about 2 years and German citizenship in about 4 years, I cannot afford to be a freelancer and cannot/do not want to leave Germany. What are my rights and is it legal to continue working for my company from another area of Germany but ask to NOT get a freelance contract? Is this a matter of company law or German law? Keep in mind that even though I am Fachkrafte, I am also non-EU and do not speak German fluently at all so the job market isn't exactly full of realistic job openings for me.

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2 years ago