SV / EN

Distansarbete i förhållande till lagvalsbestämmelserna i förordning 883/2004 – (var) passar det in?

Publicerad i Nordisk socialrättslig tidskrift nr 40.2024, september 2024 s. 127–152

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On 1 July 2023, an agreement on cross-border telework (Framework Agreement) began to be applied between a number of EU Member States. It is based on Article 16 of Regulation 883/2004, which gives the possibility to make exceptions from the otherwise mandatory provisions on applicable legislation. The agreement is unique in that it is multilateral, covers a large group of persons and has been developed in a short time. It is a response to the development that has taken place with an increase in telework, primarily due to the pandemic, and that the EU during the pandemic disregarded such work when applying the rules on applicable legislation. These rules could otherwise have led to the applicable legislation being transferred from the country of employment to the country of residence due to telework. In parallel with the Framework Agreement, there is also a Guidance note from the Administrative Commission (AC) with guidance on how to generally apply the provisions on applicable legislation, such as the provision on posting in Article 12 of Regulation 883/2004, in relation to telework after the pandemic exceptions ended on 30 June 2023. Drawing the line between the rules on applicable legislation is not always easy, especially in situations where a person works in a flexible/atypical way. The purpose of this article is to describe the background to this rather revolutionary development, which situations that are regulated in the Framework Agreement and Guidance note respectively, which delimitations that have to be made and application problems that may arise.