CROSS-BORDER TELEWORK – KEY LEGAL CHALLENGES
CROSS-BORDER TELEWORK – KEY LEGAL CHALLENGES

Summary/Abstract: Cross-border telework has emerged as a specific form of remote work and one of the most significant regulatory challenges in contemporary law. It entails interventions across several branches of law: labour law, social security law, tax law, private international law, and immigration law, with the aim of striking a balance between interests related to labour flexibilisation, on the one hand, and interests related to ensuring adequate protection for workers, on the other. Specifically, cross-border telework may be accompanied by inadequate protection of occupational health and safety, stress arising from the overlap of professional and family responsibilities, unpaid overtime, and other obstacles to the effective exercise of fundamental labour rights. This article aims to highlight the most pressing legal challenges related to cross-border telework, as well as to systematise and critically examine the existing body of knowledge on three main research problems: the key features of cross-border telework; the conditions for, and barriers to, the effective enjoyment of labour rights by cross-border teleworkers, including digital nomads; and the determination of the applicable labour and social security legislation. It is hoped that the findings of this study may serve as a starting point for further research in this field and contribute to broader debates on the digitalisation of work and the mobility of workers.

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