Rome I Regulation And Employment Contracts
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Rome I Regulation And Employment Contracts
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Author : Marzena Madrak
language : en
Publisher: Key Editore
Release Date : 2017-05-13
Rome I Regulation And Employment Contracts written by Marzena Madrak and has been published by Key Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-13 with categories.
The purpose of this book is to discuss the main provisions of the Rome I Regulation relating to employment contracts with an international element. It outlines two competing objectives of the regulation, namely, to increase legal certainty and predictability of the law applicable to the contract and to ensure the protection of the employee as the party to a contract viewed as being weaker. It answers the questions concerning the scope of the autonomy of the parties making the choice of law, as well as the mode of indication of the applicable law in the absence of choice. It is clear from the considerations in the book that the solution adopted for individual employment contracts expresses the will of the authors of the regulation, to ensure, first and foremost, the protection of the worker as the weaker party to a contract.
Rome I Regulation And Employment Contracts
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Author : Marzena Madrak
language : en
Publisher:
Release Date : 2017
Rome I Regulation And Employment Contracts written by Marzena Madrak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
The Rome I Regulation On The Law Applicable To Contractual Obligations
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Author : Michael McParland
language : en
Publisher:
Release Date : 2015
The Rome I Regulation On The Law Applicable To Contractual Obligations written by Michael McParland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.
Regulation Of Fixed Term Employment Contracts
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Regulation Of Fixed Term Employment Contracts written by Roger Blanpain and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
In recent decades enterprises worldwide have reaped advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed- term employment contracts are written, applied, and interpreted. This important book --- which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on 8 and 9 March 2010 - details the regulatory approaches to fixed-term contracts in major industrial jurisdictions in Asia and Europe, providing an opportunity to explore normative directions for labour law and policy in the age of a diversified workforce. Nine Knowledgeable and experienced contributors describe and analyse the legal status of fixed-term employment contracts (including relevant case law) in Australia, Britain, China, France, Germany, Japan, Korea, Sweden, and Taiwan. Each author takes into account evaluations from scholars, policymakers, and stakeholders to his or her country's regulatory approach to fixed-term employment contracts, revealing an array of responses ranging from a view that such contracts enhance employment opportunities in society to advocating suppression of their use as inherently abusive and discriminatory. The combined effect of these nine essays is to greatly increase our awareness of the nature of fixed-term employment contracts, from their fundamental value as social policy instruments to their inextricable connection with the law of dismissal. The book sets the stage for deeper and more firmly grounded work that promises to elucidate the underlying pattern of a new employer-employee relationship emerging on a worldwide scale.
The Law Applicable To Cross Border Contracts Involving Weaker Parties In Eu Private International Law
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Author : María Campo Comba
language : en
Publisher: Springer Nature
Release Date : 2020-12-07
The Law Applicable To Cross Border Contracts Involving Weaker Parties In Eu Private International Law written by María Campo Comba and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-07 with Law categories.
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
The European Contracts Convention
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Author : Richard Plender
language : en
Publisher:
Release Date : 2001
The European Contracts Convention written by Richard Plender and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Conflict of laws categories.
This practitioner work aims to be the leading text on the scope and application of the Rome Convention in the UK and Europe. Updated to take account of nine years' development in the law since the previous edition - including the Treaty of Amsterdam and case law in all 13 Contracting States and relevant non-Contracting States - it brings clarity to a complex aspect of the EU harmonization of laws.
The European Private International Law Of Employment
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Author : Uglješa Grušić
language : en
Publisher: Cambridge University Press
Release Date : 2015-05-28
The European Private International Law Of Employment written by Uglješa Grušić and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-28 with Law categories.
Uglješa Grušić examines the legal regulation of transnational employment relationships in the private international law of the European Union.
European Employment Law
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Author : Karl Riesenhuber
language : en
Publisher:
Release Date : 2012
European Employment Law written by Karl Riesenhuber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Employee rights categories.
European employment law is becoming increasingly important. Its impact upon domestic law of the Member States is growing in fields such as fixed-term employment contracts, collective redundancies, and industrial action. This book therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms, and competences of the EU in the field of employment law. A systematic presentation of the conflict of law rules then follows: the Rome I and Rome II Regulations, the Posting of Workers Directive, and the Brussels Regulation on the recognition and enforcement of judgments. Subsequently, the book focuses upon individual labor law which, at the EU level, is principally composed of: rules on non-discrimination, the protection of safety and health, and working time; rules on atypical forms of employment (part-time, fixed-term, and temporary agency work) and special groups of employees (mothers, parents, and young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer, and insolvency. This is followed by a discussion of collective labor law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, as well as employment law rules contained in the Directive on cross-border mergers. (Series: Ius Communitatis - Vol. 4)
Rome I Regulation
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2009-11-16
Rome I Regulation written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.
Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.
Rome I Regulation
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Author : Ulrich Magnus
language : en
Publisher:
Release Date : 2015-07
Rome I Regulation written by Ulrich Magnus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07 with categories.
This new series will comment on the Brussels I Regulation and the Brussels IIbis Regulation and as soon as they are enacted on the Rome I and the Rome II Regulation. For the first time this will be done by a team of leading experts from almost all EU member states. The close cooperation among them will initiate a new specific European style of commenting on European enactments merging the various and thus far nationwide differing methods of Interpretation of legislative acts. It goes without saying that the new commentaries will pay particular tribute to the practice of the European Court of Justice but to relevant judgments of national courts as well. Moreover, the needs of practitioners and the requirements of the practice will receive particular attention. The series is intended to be continued by further volumes on existing and future European enactments in the field of private and procedural law.
