The European private international law of employment / Ugljesa Grusic.
Cambridge, United Kingdom : Cambridge University Press, 2015.
xxix, 351 pages ; 24 cm
Formatted Contents Note
1. Introduction; 2. Protection of employees in private international law; 3. 'Individual employment contracts' in private international law; 4. Jurisdiction; 5. Choice of law: contractual claims; 6. Choice of law: statutory claims; 7. Choice of law: tortious claims; 8. Posting of workers in Europe; 9. Conclusions.
"The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes"-- Provided by publisher. "This book is about the legal regulation of transnational employment relationships in the private international law of the European Union ('EU'). Transnational employment relationships, i.e. relationships between employer and employee that are connected to more than one country, are a common occurrence. People migrate from one country to another in search of a better life. Workers commute to a place of work in a neighbouring country. Employers post their employees, either temporarily or permanently, to a foreign place of business, branch, subsidiary or affiliate. Companies seek out workers abroad. Employees are 'hired out' to foreign businesses. There are workers whose occupations are 'transnational' by their very nature: commercial representatives covering territories of several countries, international transport workers such as lorry drivers, seamen, air crew members, workers on offshore installations etc"-- Provided by publisher.
Based on author's thesis (doctoral - London School of Economics and Political Science (University of London), 2012), under title: The international employment contract : ideal, reality and regulatory function of European private international law of employment.
Bibliography, etc. Note
Includes bibliographical references (pages 307-326) and index.