INTERNATIONAL EMPLOYMENT CONTRACT

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Presentation transcript:

INTERNATIONAL EMPLOYMENT CONTRACT

Which law applies in an international employment relationship? Contractual choice of law Rome Convention The European Communities Convention on the law applicable to contractual obligations, 1980

According to the Rome convention, the applicable law is 1. The law of the contract but the choice of law shall not have the result of depriving the employee of the protection afforded to him by the mandatory rules of the law which would be applicable in the absence of choice 2. If no choice of law was made, the law of the country where the employee habitually carries out his work in performance of the contract 3. If no such country can be appointed, the law of the country in which the place of business through which he was engaged is situated Unless it appears from the circumstances as a whole that the contract is more closely connected with another country