Publication details
Ochrana zaměstnance ve světle mezinárodního práva soukromého a procesního
| Title in English | Protection of an Employee in terms of the International Private and Procedural Law |
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| Authors | |
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Brussels Ibis Regulation; Conflict of law rules for individual employment contracts; Jurisdiction over individual contracts of employment; Overriding mandatory rules; Protection of an employee; Rome I Regulation |
| Attached files | |
| Description | Czech labour law provides enhaced legal protection to an employee as the weaker contractual party to balance the factual inequality of the relationship between employee and employer. Nevertheless, in the case of cross-border employment contracts may occur situations where such protection could be lost. European Union law therefore grants protection to an employee as the weaker party from the socio-economic perspective by providing specific, so-called materialized conflict of law rules that enforce the application of protective mandatory rules and the special rules on jurisdiction on the basis of which may be transferred jurisdiction in favor of an employee and which limit the forums in which an employee may be sued. Overriding mandatory rules as general institute provided for in Article 9 of the Rome I Regulation also serve to protect of an employee. Legal regulation of the international jurisdiction over individual contracts of employment has undergone significant changes by adoption of the Brussels Ibis Regulation that since 10 January 2015 replaced original Brussels I Regulation. The paper reflects these changes and presents relevant case-law of the Court of Justice of the European Union in the ambit of employment disputes. The aim of this paper is to analyze the protective function of the conflict of law rules contained in the Rome I Regulation and the special rules on jurisdiction over individual contracts of employment regulated in the Brussels Ibis Regulation and to assess whether these instruments are eligible to ensure the protection of an employee as the weaker party. |
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