Publication details
Free Movement of Workers within the European Union in terms of Private International Law
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Article in Proceedings |
| Conference | Proceedings of the 3rd International Conference on European Integration 2016 |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Conflict rules for individual employment contracts; Cross-border employment contracts; Jurisdiction over individual employment contracts; Protection of the worker |
| Description | Freedom of free movement of workers within the European Union besides indisputable advantages also brings some risks for an employee as the contractual weaker party. Labour law tries to balance the factual inequality of the employment relationship by granting enhanced legal protection to employee. Nevertheless, in the case of cross-border employment contracts may occur situations where this protection afforded to employee by national law may be lost. European Union law therefore grants protection to the employee by providing the special conflict rules in the ambit of individual employment contracts and the special rules on jurisdiction over individual contracts of employment. Besides protective mandatory rules, the weaker contractual position of the employee is also compensated by the overriding mandatory rules. The paper deals with the analysis of the conflict rules determined for individual employment contracts and the special rules on jurisdiction over individual contracts of employment and presents significant judgments of the Court of Justice of the European Union related to this issue. |