Teletrabajo internacional y legislación de Seguridad Social aplicableestado de la cuestión y perspectivas en los Reglamentos de coordinación de la UE

Resumo

International telework raises questions about the applicable national social security legislation, as there is no ad hoc conflict rule and the general rule, the lex loci laboris, is distorted regarding virtual work. The article explores the different options in the current regulatory framework for international teleworking full-time, hybrid or in the interest of the employee (teleworkation or south working), also referring to pandemic international telework due to Covid-19. Among future solutions, the A. pleads for an updated reinterpretation of the lex loci laboris which would lead to the application of the law of the place where the company is located and not that of the place where the teleworkers type in their laptop. This interpretation should be subject to certain requirements to prevent possible drawbacks linked with social dumping, among others, the company should carry out substantial activity in the Member State of establishment.