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Vol 21 No 11 Nov/Dec 2016

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Employment Contracts In Private International Law (eBook)


ISBN13: 9780191632075
Published: November 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £91.67 + £18.33 VAT
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With employment contracts increasingly involving international elements, cases involving any international aspect require the application of rules of private international law to determine which court or tribunal can hear the case, and what law will be applied to determine the dispute.

This book offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explore their rationale in order to provide a better understanding of each. Each chapter is usefully concluded in sections which summarise the analysis and scope of the coverage.

The Brussels I Regulation and the Rome Convention and Rome I Regulation contain special regimes of rules for employment contracts. These private international law rules seek to protect the weaker party - the employee - and mandatory rules play an important role in this.

Employment Contracts in Private International Law deals with the common law rules on jurisdiction, and emphasises how those rules are likely to apply in an employment context. It considers the special rules on employment in the various European instruments on jurisdiction and choice of law.

The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty. Problematic areas of private international law - such as the difficult-to-negotiate role of tort law and its interaction with contract - are given special attention, and restrictive covenants are also addressed in a dedicated chapter.

Subjects:
Conflict of Laws, Employment Law, eBooks
Contents:
1: Introduction
2: Employment in national law
3: The meaning of employment from a private international law perspective
4: Jursidiction under the Brussels I Regulation
5: National jurisdiction rules in employment cases
6: Choice of law
7: Mandatory rules in employment cases
8: Posted workers
9: The cross border enforcement of restrictive covenants
10: Conclusions;

Series: Oxford Private International Law

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Substance and Procedure in Private International Law ISBN 9780199532797
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Employment Contracts In Private International Law ISBN 9780199591046
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Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
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Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
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Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
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The Transfer of Property in the Conflict of Laws ISBN 9780199271474
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Procedural Law in International Arbitration ISBN 9780199249480
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Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
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Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
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Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
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Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
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Enforcement of Judgments in Europe
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Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
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Autonomy in International Contracts ISBN 9780198262701
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Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
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