Employment Contracts and Private International Law
Employment Contracts and Private International Law
- ISBN 13:
9780198860327
- ISBN 10:
0198860323
- Edition: 2nd
- Format: Hardcover
- Copyright: 10/31/2022
- Publisher: Oxford University Press
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Summary
Employment Contracts in Private International Law offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explore their rationale in order to provide a better understanding of each. It deals with the common law rules on jurisdiction, and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty.
Chapters tackle topics including 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 difficult-to-negotiate role of tort law and its interaction with contract - are given special attention, and restrictive covenants are also addressed in a dedicated chapter. Each chapter is also usefully concluded in sections which summarise the analysis and scope of the coverage.
The UK's withdrawal from the EU saw this country's legal system cease judicial co-operation with Member States in jurisdiction and the recognition of judgments. While the Brexit transition has been smoother for applicable law, with both the Rome I and Rome II Regulations being carried across into the body of 'retained EU law', and provisions relating to individual employment contracts being imported from the BIR recast into national law, the jurisdictional landscape for employees looks very different now. Employment Contracts in Private International Law is a timely new edition in view of the twin challenges of the post-Brexit legal landscape, and the rapid evolution of our understanding of the workplace as a result of technological advances and the COVID-19 pandemic.