Social security in post-pandemic international telework and in the specific case of digital nomadism

Abstract

This article discusses recent developments in determining the social security legislation applicable to the post-pandemic interactive international teleworker, with a focus also on the situation of digital nomads. The absence of adhoc legislation has been addressed in the EU by Administrative Commission Guidance Notes, such as No 125/2022, which facilitate business decisions by reinterpreting conflict rules that derogate from the general rule or the lex loci laboris: posting, multi-state or even Member State ad-hoc agreements. In
contrast to these non-regulatory emergency solutions, the article argues for a reinterpretation of the lex loci laboris linking interactive telework, as a general rule, to the law of the State where the employer is located.