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Labor Law

A European framework agreement facilitating the mobility of cross-border teleworkers

- Flash news

Frameword Agreement in the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border telework

France has signed the new European framework agreement on habitual cross-border telework, which came into force on 1st July 2023.

According to this agreement:

  • Employees who carry out habitual cross-border telework less than 50% (i.e. 49.9%) of the total working time in a signatory State of the agreement for a company whose registered office is in another signatory State of the agreement, will be able to benefit from the social security system of their employer’s State.
  • An employee who carries out habitual cross-border telework 50% or more of his working time will no longer be covered by the social security system of his employer’s State, but by the one of his State of residence.

The application of the agreement is limited to signatory States. As of 1st September 2023, these are: Austria, Belgium, Croatia, Czech Republic, Finland, France, Germany, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, Switzerland.

The definition of “cross-border teleworker” in the European framework agreement is broad. In particular, the employee’s place of work is not necessarily at home but may be any private or public place. However, the teleworker is obliged to be connected by a computer link to his employer’s working environment in order to carry out his activity.

This agreement reflects the growing trend towards teleworking within the European Union, the European Economic Area and Switzerland: it guarantees citizens mobility while safeguarding their social security rights, whether in their country of work, residence or stay.