ECJ 7 November 2013, case C-522/12 (Tevfik Isbir - v - DB Services GmbH), Private international law, Posting of workers and expatriates

The plaintiff in this case was Mr Isbir. He was employed by the defendant, DB Services. Under...

ECJ 7 November 2013, case C-522/12 (Tevfik Isbir - v - DB Services GmbH), Private international law, Posting of workers and expatriates

The plaintiff in this case was Mr Isbir. He was employed by the defendant, DB Services. Under...

ECJ 12 September 2013, case C-64/12 (Anton Schlecker - v - Melitta Josefa Boedeker), Private international law, Applicable law

The plaintiff in this case, Ms Boedeker, was a German national. She was employed in Germany by...

ECJ 12 September 2013, case C-64/12 (Anton Schlecker - v - Melitta Josefa Boedeker), Private international law, Applicable law

The plaintiff in this case, Ms Boedeker, was a German national. She was employed in Germany by...

2013/48 Mandatory provisions of Rome Convention include international treaties (FR)

The French Supreme Court has ruled that the mandatory provisions to which Article 6 of the Rome Convention, dated 19 June 1980, refers, include those of the international treaties applicable in the country, notably the International Labour Organisation (“ILO”) conventions.

2013/48 Mandatory provisions of Rome Convention include international treaties (FR)

The French Supreme Court has ruled that the mandatory provisions to which Article 6 of the Rome Convention, dated 19 June 1980, refers, include those of the international treaties applicable in the country, notably the International Labour Organisation (“ILO”) conventions.

2012/28: Choice of law clause in contract with temp unenforceable (AT)

An Italian temp was hired out to a company in Austria. His contract provided that Liechenstein law applied and that there was a limitation of three months for bringing claims. After this period had expired he submitted a claim for unpaid bonuses for heavy and dirty work. The Austrian Supreme Court upheld the claim on the basis that the time limit was in breach of the Posting Directive and therefore invalid.

2012/28: Choice of law clause in contract with temp unenforceable (AT)

An Italian temp was hired out to a company in Austria. His contract provided that Liechenstein law applied and that there was a limitation of three months for bringing claims. After this period had expired he submitted a claim for unpaid bonuses for heavy and dirty work. The Austrian Supreme Court upheld the claim on the basis that the time limit was in breach of the Posting Directive and therefore invalid.

2012/8: Posted workers may benefit from the application of Belgian law (BE)

The Belgian courts have jurisdiction over foreign employers who post their workers in Belgian territory. Belgian law on temporary work, temping and the lending of employees constitutes mandatory law within the meaning of Article 7(2) of the Rome Convention (now Article 9 of “Rome I”) and thus applies to posted workers on Belgian territory, notwithstanding any choice of law to the contrary. If the legislation is not complied with, the employee will be deemed to be employed by the receiving company under an open-ended employment contract subject to Belgian labour law.

2012/8: Posted workers may benefit from the application of Belgian law (BE)

The Belgian courts have jurisdiction over foreign employers who post their workers in Belgian territory. Belgian law on temporary work, temping and the lending of employees constitutes mandatory law within the meaning of Article 7(2) of the Rome Convention (now Article 9 of “Rome I”) and thus applies to posted workers on Belgian territory, notwithstanding any choice of law to the contrary. If the legislation is not complied with, the employee will be deemed to be employed by the receiving company under an open-ended employment contract subject to Belgian labour law.