- The purpose and legal status of the Practice Guide
- Introduction
- 1. What matters does this Guide cover?
- What type of relationships are covered?
- How to determine whether the party is ‘an employee’ within the meaning of the Brussels I Regulation and the Rome I Regulation and thus can benefit from the protective regimes foreseen in these Regulations?
- Are employees established in third countries covered?
- What about ‘bogus self-employment’?
- What types of employment claims are covered?
- Who is the employer?
- 2. Which court is competent to hear the employment dispute?
- Where can the employer sue the employee?
- Where can the employee sue the employer?
- Where is the employer domiciled?
- 3. Which law is applicable to the employment dispute?Limited party autonomy
- What is covered by the applicable law
- Hierarchy of connecting factors
- Escape clause
- 4. What if the employee has been posted to another country under the Posted Workers Directive (Directive 96/71/EC)?
- Jurisdiction
- Applicable law
- 5. Jurisprudence of the ECJ
- What is the habitual place of work?
- What is the place of hiring?
- What is the escape clause in the Rome I Regulation?
- Does the law applicable to the contract of employment determine whether an employment claim can be assigned?
- What about party autonomy to conclude choice of court agreements?
- 6. Overall conclusions
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