Original scientific paper
https://doi.org/10.3935/zpfz.73.23.8
Reflection on Telework in Social Security Coordination
Paul Schoukens
orcid.org/0000-0003-1935-9139
; Faculty of Law and Criminology, KU Leuven, Leuven, Belgium
Gerard Everaet
orcid.org/0000-0001-9754-6293
; Faculty of Law and Criminology, KU Leuven, Leuven, Belgium
Abstract
Telework has become prevalent during the COVID-19 pandemic, which has changed the way we look at work. However, the current EU rules for social security coordination were not designed to accommodate telework, with the lex loci laboris principle being understood in practical terms. During the pandemic, the European Commission initially suspended the coordination regulation rules to prevent sudden changes for workers, which caused unintended consequences and potential discrimination against intra-community migrants. To address these issues, options include changing the legal text of the coordination regulation, reinterpreting coordination rules, or concluding bilateral or multilateral agreements. Failure to take action could lead to continued discrimination by companies. In this regard, if no legislative action is taken, at least a common approach within the context of the Administrative Commission should be envisaged to ensure uniformity at the European level. The recent developments within the context of the Administrative Commission at least seem to go in that direction.
Keywords
telework; EU social security coordination; cross-border work; COVID- 19 pandemic; lex loci laboris principle; discrimination
Hrčak ID:
308879
URI
Publication date:
16.10.2023.
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