The Regulation of Remote Work. Seeking Balance Through the Articulation of Labour Law Sources: A Comparative Appraisal

Abstract

The Covid-19 pandemic contributed to an unprecedented expansion of remote work across European countries, transforming what was once a marginal form of work into a new ‘normal’, particularly in its hybrid form. While bringing advantages for both employers and workers, remote work is also associated with some negative impacts on workers’ rights and well-being, including isolation, overtime, stress and difficulties to socialize and organize collectively.This paper explores post-pandemic changes in the regulation of telework in selected European Union (EU) Member States, in an attempt to identify common trends and obstacles in coping with the challenges outlined above. The analysis, attentive to the articulation of different legal sources and regulatory levels, focuses on four areas that are particularly relevant for the regulation of working from home: health and safety; working time; the right to disconnect; and privacy. The five jurisdictions examined – Italy, Spain, France, Luxembourg and Sweden – are representative of different models in the regulation of remote work within the EU.The paper argues that the current regulation of remote work arising from different legal sources and regulatory levels, while offering flexibility to adapt to its specificities, falls short of ensuring a coherent and comprehensive legal framework. This leaves unaddressed some of the challenges raised by the extensive recourse to remote work, giving rise to the need for a more targeted and holistic approach in regulation at different levels.