| Tittel: | The Role of Foreseeability in private international employment law | | Ansvar: | Erik Sinander | | Forfatter: | Sinander, Erik  | | Materialtype: | Artikkel - elektronisk | | Utgitt: | Oslo : Karnov Group Norway, 2023 | | Omfang: | 23 sider | | Serie: | Nordic journal of labour law ; 2/2023 | | Emneord: | Arbeidsrett / EU / Internasjonal rett | | Note: | KARNOV-2023-2
Artikkelen er i Lovdata Pro og hos utgiver åpent ute pr. 23. januar 2023. | | Innhold: | The EU's private international employment law rules contain several measures intended to protect employees. Hence, unlike in the case of general contracts, one party (the employee) is given more forum shopping alternatives than the other (the employer), party autonomy is limited for employment contracts, and the objectively applicable law is based on the idea that the law of the place where labour is performed shall govern the contract. In this article, I argue that these protective measures are illusory and undermined in practice by the lack of foreseeability that is built into the choice of law rules. The conclusion of the article is that although it might be important to include protective measures in choice of law rules, the overarching principle for private international law rules should be to guarantee foreseeability. Paradoxically, EU private international employment law is highly unforeseeable, which, I argue, undermines the employee protection measures that are inserted into the EU private international employment law rules. |
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