Le télétravail transfrontalier face aux défis de coordination des règles de conflit et des normes minimales d'emploi

Abstract

Remote work conducted via information and communication technologies questions the traditional foundation of the rules determining the law applicable to international employment contracts. In a virtual environment, the performance of work defies national borders, with employers and employees operating in a digital and global marketplace. The dematerialization of work encourages the cross-border mobility of teleworkers, thus intensifying the difficulties in finding a legal regime that applies consistently
to an employment contract potentially subject to multiple laws. This paper offers a comparative reflection on the response provided by private international law and by the rules that unilaterally define the territorial scope of the Act Respecting Labour Standards in Quebec. From a critical perspective, we highlight the contradictions resulting from an uncoordinated application of these regimes. To address the inconsistencies, we advocate the articulation between them from a teleological point of view and propose the technical means of its implementation.