Labor service through the network, international jurisdiction and applicable law

Abstract

The internationalization of industrial relations involves different assumptions. At present the new technologies of information and communication made possible the realization of the laboral service through the network or telework in a country other than the state of the employer. A key point to be considered is the regulation applicable in situations of cross-border or offshore teleworking. To the lack of specific regulation in the Argentine Law and other laws that complement this new form of work at distance, it adds the absence of rules of Private international law to provide adequate legal responses. Our purpose is to refer to the problems that this new form of transnational provision of services poses to Private international law. In the first section we will approach the concept of “teleworking”, and then we will consider our system of Private international law in force, an issue that will develop both the perspective of the realization of international jurisdiction and the determination of the applicable law. Finally, we will outline possible solutions that we believe constitute the basic principles of telework.