© 1998 by Industrial Law Society
Jurisdiction in European Contracts of Employment
* University of Wales Aberystwyth
Employment which involves more than one country faces particular problems because of the differing employment law regimes and varying social policies. In the absence of any harmonisation of employment law, conflicts between the rules applicable in various countries are bound to arise and it is important to know not only which state will have jurisdiction but also which law will apply. The Brussels Convention on Jurisdiction attempted to deal with many of the problems arising from transnational contracts generally but needed to be amended to deal with the special problems of employment. This article discusses European principles of jurisdiction and whether the particular problems of employment have been solved, including the issue of multiple jurisdictions. The article pays special attention to jurisdictional issues arising from the Posted Workers Directive which does not fit easily into the usual conceptual pattern of jurisdictional rules. Various interpretations of the Directive are put forward and a suggestion is made as to how the Directive should be applied and the extent to which the mandatory rules of the host country will be enforced. Consideration is also given to the question of how to apply rules relating to contracts of employment to other employment relationships.