SOCIAL SECURITY FOR DIGITAL PLATFORM WORKERS: ANALYSIS OF TERRITORIAL JURISDICTION IN CROSS-BORDER TELEWORK

Abstract

The development of Information and Communication Technologies (ICT) and the acceleration caused by the COVID-19 pandemic have radically transformed the labor market, generating new forms of work mediated by digital platforms that transcend national borders. This phenomenon challenges traditional rules of territorial jurisdiction in social security matters, historically based on the lex loci laboris principle. This paper critically analyzes the application of this principle in the context of cross-border telework, examining both European regulations (Regulations 883/2004 and 987/2009) and Argentine legislation, including bilateral and multilateral agreements signed by the country. The study demonstrates that current norms, designed for workers physically present in the employer's territory, are inadequate to regulate situations where services are provided digitally from another State. The research proposes a reinterpretation of the "place of work" concept, considering the location where services produce their legal and economic effects, rather than the worker's mere physical location. The study concludes on the necessity to adapt regulations to the current digital reality, ensuring effective social protection for platform workers.