Published in the European Journal of the European Communities on July 4, regulation 593/2008 integrates into Community Law the Rome I convention on the law applicable to contractual obligations, including those on the individual employment contract. The regulation draws upon the provisions contained in the international convention, with some clarifications. (Ref. 080572)
Regulation 593/2008 harmonizes conflict-of-law rules throughout the EU and leaves the interpretation of these rules to the CJEC. It also determines the law applicable to the individual employment contract. The law chosen for the contract of employment will be applicable, provided that:
- “Such a choice may not, however, have the result of depriving the worker of the protection afforded to him by provisions that cannot be derogated from [that is to say if it disadvantages the worker] by agreement by virtue of the law” applicable: 1/ in the country where the worker habitually carries out his work, or failing that, from which the employee habitually carries out his work in performance of the contract, 2/ the country where the undertaking which employed the worker has its habitual residence; 3/ where the contract is manifestly more closely connected with a country other than that the country where the work is habitually performed.
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