The topic of the 2017 Annual Congress, which took place in Prague, Czech Republic, on 8, 9 & 10 June 2017, was ‘Working Abroad’.
Increasing labour mobility, together with the proliferation of multi-national companies and groups of corporations, has made the international aspects of employment law of major significance in an ever-growing number of cases. In particular, workers can move permanently from their home country to a foreign country in order to work for an indefinite period of time. Workers can also move temporarily from their home country to carry out particular projects (“posted workers”) in another country within the European Union (EU).
If a dispute arises in such cross-border cases, a number of interesting and difficult issues may arise. Before the court can consider the merits of the dispute, two key questions need to be addressed:
- Which court has jurisdiction?
- What is the applicable law?
If the defendant is domiciled in a Member State of the EU, the question of international jurisdiction falls to be determined by applying the rules of the recast Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels I”). In international cases, the court must decide which law applies by applying Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (“Rome I”).