As a result of globalisation and the COVID-19 pandemic, teleworking and remote working from abroad have increased.
However, these practices raise many legal and juridical issues, including those related to the jurisdictions applicable to work abroad.
For an overview of the legislation applicable to working abroad on social security, read our guide on social security in labour law.
Foreign employment contracts in the absence of international agreements
One of the main challenges in determining applicable jurisdictions to remote working from abroad is the lack of agreements between the countries involved.
In the absence of specific agreements, workers and employers may find themselves in a legal grey area. In this case, it is not easy to understand which labour law legislation is to be applied.
These circumstances make it necessary to analyse the laws of the country of origin and the host country.
Remote working from abroad: international treaties
To address these challenges, many States have entered into international treaties. These agreements establish rules and procedures for determining the jurisdiction of employment contracts abroad.
The treaties may include provisions determining whether remote-working employees should remain subject to the law of the country of origin or of the country where they actually perform their duties.
In the European context, Regulation (EC) No. 593/2008 (“Rome I”) and Regulation (EU) No. 1215/2012 (“Brussels I”) apply to teleworking and remote working from abroad.
More information on the matter in our guide on the application of the Rome I Regulation to remote working abroad.
Importance of Legal Certainty in remote working contracts
Legal certainty is crucial in labour law, especially in the context of international employment. Workers and employers must be aware of the laws governing their employment relationship, to avoid legal disputes and sanctions.
Conclusion
In conclusion, the jurisdictions applicable to remote working from abroad are a complex area of labour law. Mastering them requires a thorough understanding of international laws and regulations.
With the right legal advice and knowledge of international treaties, employees and employers can successfully address the legal challenges associated with remote working abroad.
Studio A&P offers an advisory service for transnational smart working contracts, to ensure compliance with the obligations of the relevant jurisdictions and the application of EU regulations.
