Employment Contracts and Private International Law

The book Employment Contracts in Private International Law discusses the application of rules of private international law to determine which court or tribunal can hear a case involving international elements and what law will be applied to determine the dispute. It includes an updated treatment of the Rome Regulations and a detailed chapter analysing the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015. The book covers jurisdictional and choice of law rules, the meaning of employment in national law and private international law, private international law issues involving international employment contracts, jurisdiction under the BIR, national jurisdiction rules, choice of law, mandatory rules, posted workers, and cross-border enforcement of restrictive covenants. It is a timely new edition in view of the post-Brexit legal landscape and the rapid evolution of the workplace due to technological advances and the COVID-19 pandemic.

Format: Hardback
Length: 368 pages
Publication date: 19 April 2022
Publisher: Oxford University Press

As employment contracts become increasingly globalized, cases with international elements necessitate the application of private international law to determine which court or tribunal has jurisdiction and which law will govern the dispute. The Rome I and Rome II Regulations, as well as the Brussels I Regulation (BIR), contain specific rules for employment contracts that have remained applicable in the UK after Brexit. This revised edition includes an updated analysis of both the Rome Regulations and a comprehensive chapter examining the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015.

Employment Contracts in Private International Law provides an exposition of the substantive legal background, covering jurisdictional and choice of law rules to identify commonalities and overlaps and explore their rationale to provide a better understanding of each. It deals with common law rules on jurisdiction and emphasizes how those rules are likely to apply in an employment context. The book's scope includes coverage of the complex overlapping provisions that apply to posted workers, as well as other claims that may arise from the employment relationship, such as claims in tort or for breach of statutory duty.

Chapters address topics such as the meaning of employment in national law and private international law, private international law issues involving international employment contracts, jurisdiction under the BIR and substantive changes following the recast, national jurisdiction rules, choice of law, mandatory rules, particularly focusing on territorial scope, posted workers, and cross-border enforcement of restrictive covenants.

Problematic areas of private international law, such as the conflict of laws rules and the application of foreign laws to employment contracts, are also discussed. The book is intended for practitioners, academics, and students interested in the field of private international law, particularly in the area of employment contracts. It provides a comprehensive and up-to-date treatment of the subject matter, with references to relevant case law and legislation.

Weight: 764g
Dimension: 177 x 252 x 26 (mm)
ISBN-13: 9780198860327
Edition number: 2 Revised edition