The Global Shift Towards Remote Work and its Legal Implications

Abstract

This paper examines the global shift towards remote work, a phenomenon significantly accelerated by the COVID-19 pandemic, and its profound legal implications. It begins by delineating the key drivers of this transformation, including rapid technological advancements, the necessary adaptations imposed by the pandemic, evolving employee demands for flexibility, organizational cost efficiencies, and the expanded access to a global talent pool. To provide a robust foundation for its analysis, the paper outlines a comprehensive research methodology. This includes a thorough literature review of academic and policy documents, detailed case law analysis across various jurisdictions, rigorous policy analysis of governmental and organizational strategies, comparative analysis of international legal frameworks, expert consultation with legal specialists, and meticulous document analysis of international treaties and agreements. The core of the paper focuses on the legal implications of remote work across various domains. It analyzes labor law issues, such as working hours, employee classification, and performance management; data privacy and cybersecurity challenges; taxation and social security complexities, including tax residency and permanent establishment; occupational health and safety considerations; and international legal dimensions, including jurisdictional issues and cross-border employment.  Recognizing the transnational nature of remote work, the paper underscores the urgent need for international harmonization of legal frameworks. It proposes policy recommendations, including the development of international guidelines and conventions, the promotion of bilateral and multilateral agreements, the adoption of flexible and adaptive legislation, the provision of accessible guidance and resources, and the fostering of continuous dialogue and collaboration among governments, employers, and employees. By addressing these legal complexities, this paper aims to contribute to a robust, equitable, and sustainable legal framework that supports the continued growth of remote work while safeguarding the rights and interests of all involved parties.

Received: 20 April 2025 / Accepted: 21 June 2025 / Published: 25 June 2025