Legal protection for the remote worker "Comparative study"

Abstract

This study aimed to clarify the legal protection of remote workers under the title " legal protection of remote workers." The worker is the weakest link in the contractual process especially in case of remote work as well as remote contracting, especially as general rules and civil legislation did not provide adequate protection for remote workers. The study explains the definition of remote work ،its concepts and characteristics and the law applicable to it in the second chapter. Then in the third chapter, I discussed the specificity of remote work indicating offer and acceptance in it which occurs remotely and also the impact of modern technology on it. In the fourth chapter, I discussed the effects of the worker's remote work contract, explaining the protection of a remote worker from the risks of modern technology and his guarantees. Also a clarification of civil liability and penalties for employers. The problems of the study on the guarantees granted by law for the protection of remote workers from the employer were highlighted in the light of the geographical dimension that exists between the worker and the employer. And how the law protects the remote worker, who is the weakest link in this contract. For the purposes of this study, the researcher used the comparative analytical approach and analyzed the texts on the subject of the study and compared them with other legislation, especially Egyptian and Emarati legislation. The importance of this study is also highlighted in the fact that it highlights an important aspect of the contractual relationship, namely the worker's need for legal protection in view of the risks of this electronic contract. And that remote work is a new method of working and constitutes a significant manifestation of the profound impact of modern technology on the labour sector, which reflects the change in the content, form and methods of implementation of the work as a result of the technological boom in the working environment and the emergence of a new pattern in the labour market, that is remote work to be a new challenge to the rigidity of legal rules in the face of radical changes in traditional concepts of work. In addition, traditional monitoring, supervision, direction, management and dependency mechanisms do not apply to remote work . The study concluded with several recommendations, the most important of which was to promptly urge the Palestinian lawmakers to introduce special legislation regulating remote work in line with the legislation regulating this type of work to suit recent developments in the field of employment. And to provide protection for remote workers against the risks of remote work. It also organizes responsible monitoring agencies to preserve all rights and obligations arising from the contract. Also to provide infrastructure for the functioning of Internet networks, phones and communication lines throughout the country, especially in remote areas to keep abreast of the latest developments in the field of informatics .