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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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The Contract of Employment in its International and European Law Setting

The Contract of Employment in its International and European Law Setting

Chapter:
(p.621) 29 The Contract of Employment in its International and European Law Setting
Source:
The Contract of Employment
Author(s):

Louise Merrett

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0029

This chapter considers how the law concerning the contract of employment at work has met the challenges posed by transnational employment situations. In particular, when should English employment rights be available to workers whose employment is connected in some way with another country? These rights can be statutory or derived from the contract of employment itself. The complex relationship between the contract of employment and the legislative regulation of employment relations raises complex issues in the private international law context. The crucial touchstone currently applied in the context of jurisiction, choice of law and territorial scope is whether the employee is working in the UK. However, recent cases have raised the possibility of a more sophisticated notion of territoriality which takes into account wider factors relevant to the employment relationship. The appropriateness of this approach may well depend on the nature of the employment right concerned.

Keywords:   employment, contract, jurisdiction, choice of law, territorial scope

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