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- Title
A DIÁSPORA DOS TRABALHADORES RUMO A PORTUGAL E O PAPEL DO DIREITO DA UNIÃO EUROPEIA: A REVOLUÇÃO LABORAL DO SÉC. XXI.
- Authors
Varregoso Mesquita, Lurdes; João Machado, Maria; Malta Fernandes, Maria; Anjos Azevedo, Patrícia; Tenreiro Tomás, Sérgio; Sousa Machado, Susana
- Abstract
Digital nomads are workers who carry out their professional activity using the Internet, and are not obliged to appear, in person, at the employer's premises, with the usual frequency seen in traditionally majority employment contracts. The objective of this work is to analyse digital nomadism from a legal perspective, based on the Portuguese legal system and European and International Union Law, using as a methodology the analysis of legal diplomas and doctrine. This work begins by framing the phenomenon of digital nomadism, referring to the possible advantages of putting it into practice, both from the perspective of employers and workers. The second chapter starts from the premise that digital nomadism will gain ground in the coming years. Despite the lack of objective data that confirm this position, it is possible to detect some trends and contexts that allow you to guess with some safety margin. It can also be seen that, in this matter, European Union law has not yet shown the necessary courage to boost, in legislative terms, digital nomadism. The following chapter analyses the question of the law of the country applicable to employment contracts, whenever the worker carries out his work activity in a country other than the country of his employer. In this context, it is natural that the so-called cross-border disputes arise, and it is important to determine the competence of the Portuguese courts, a matter that is dealt with in chapter 4. In the last two chapters, aspects related to social security are analysed, with regard to digital nomads, where European Union Law has a relevant role and the tax framework of their income.
- Subjects
EUROPEAN Union law; DIGITAL nomads; LABOR contracts; CONTRACT employment; SOCIAL security
- Publication
Quaestio Iuris (QI), 2023, Vol 16, Issue 1, p1
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2023.66071