THE LABOR INSPECTOR SEARCHING FOR …GODOT: UNDECLARED DISTANCE WORK
THE LABOR INSPECTOR SEARCHING FOR …GODOT: UNDECLARED DISTANCE WORK

Summary/Abstract: Undeclared labor has become an increasingly present phenomenonnowadays. Due to the pandemic context, there has been a transition towards working fromhome or under telework regime. These particular forms of individual labor contracts allow forgreater flexibility in terms of the place where a natural person works but, on the downside,they allow the parties to disguise the agreement or to avoid fulfilling the formalities imposedby the Law, such as concluding the contract in a written form and registering its elements inthe General Record of Employees. In light of the aforementioned, we aim to identify if the laborinspectors have effective means of identifying the cases of undeclared labor when naturalpersons are working remotely. Through this paper, in the first section, we discuss the legalbackground both at the national as well as at the international level, in order to shed light onthe concept of undeclared work. The following two sections will be dedicated to analysing ifthe inspection has any perspective of being an effective mean of identifying the situations ofundeclared labor. Finally, several directions of action are contoured – as de lege ferendaproposals – so as to tackle the issue of undeclared work.

• Details
• Contents