[E-book] Transnational Remote Work in the European Union (Camilla Martins dos Santos Benevides)

Title: Transnational Remote Work in the European Union

Author: Camilla Martins dos Santos Benevides

Publishing house: Iberojur Science Press

City: Porto

Year of publication: 2024

Registration at the National Library of Portugal

Legal Deposit: n˚ 534050/24

ISBN: 978-989-35571-8-1

DOI: https://doi.org/10.62140/CMSB20241

SYNOPSIS

Digital transformations have sparked a revolution in the world of work, giving rise to transnational remote work, which presents both legal and practical challenges. A key question arises: what law applies to an international employment contract?

This study focuses on these developments within the European Union, exploring legislation, jurisdiction, and the concept of “the workplace” in digital environments. Analysis of the data discussed in this study shows that the rules relating to conflicts of laws and competencies were designed and outlined in light of the traditional work model, generally carried out in the employer’s physical facilities. However, considering the essence and objectives of these regulations, together with the pillars that guide the European Union and the jurisprudence of the Court of Justice of the European Union, it is fully viable to interpret such regulations in an adapted way. This interpretative activity, if carried out with meticulousness and precision, can guarantee legal certainty for all parties involved, thus ensuring balance and protection in the current work scenario.

Nonetheless, the importance of a swift and transparent legislative adjustment is highlighted. Such interventions must not only safeguard the inalienable rights of workers but also establish a clear and precise regulatory framework for employers. This will ensure that both parties operate in a fair, transparent, and equitable working environment.