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Employment Contracts In Private International Law 2nd ed


ISBN13: 9780198860327
Previous Edition ISBN: 9780199591046
Published: April 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £160.00



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With employment contracts increasingly involving international elements, cases involving any international aspect require the application of rules of private international law to determine which court or tribunal can hear the case, and what law will be applied to determine the dispute. The Rome I and Rome II Regulations, and the Brussels I Regulation (BIR) all contain special regimes of rules for employment contracts, which have remained applicable in the UK following Brexit. This new edition includes an updated treatment of both the Rome Regulations, and a detailed chapter analysing the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015.

Employment Contracts in Private International Law offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explore their rationale in order to provide a better understanding of each. It deals with the common law rules on jurisdiction, and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty.

Chapters tackle topics including the meaning of employment in national law and private international law; private international law issues involving international employment contracts; jurisdiction under the BIR and substantive changes following the recast; national jurisdiction rules; choice of law, mandatory rules particularly focusing on territorial scope; posted workers; and cross-border enforcement of restrictive covenants. Problematic areas of private international law - such as the difficult-to-negotiate role of tort law and its interaction with contract - are given special attention, and restrictive covenants are also addressed in a dedicated chapter. Each chapter is also usefully concluded in sections which summarise the analysis and scope of the coverage.

The UK's withdrawal from the EU saw this country's legal system cease judicial co-operation with Member States in jurisdiction and the recognition of judgments. While the Brexit transition has been smoother for applicable law, with both the Rome I and Rome II Regulations being carried across into the body of 'retained EU law', and provisions relating to individual employment contracts being imported from the BIR recast into national law, the jurisdictional landscape for employees looks very different now. Employment Contracts in Private International Law is a timely new edition in view of the twin challenges of the post-Brexit legal landscape, and the rapid evolution of our understanding of the workplace as a result of technological advances and the COVID-19 pandemic.

New to this Edition:

  • Provides an updated analysis of both the Rome Regulations and the significant body of case law on the overriding mandatory effect of the Employment Rights Act 1996, the Equality Act 2010 and other employment statutes.
  • Examines the large volume of new case law since the first edition, with over 50 cases considering territorial scope: including Ravat v Halliburton; Bates van Winklehof v Clyde & Co; British Council v Jeffrey; Foreign and Commonwealth Office v Bamieh; as well as a large number of EAT decisions.
  • Assesses relevant developments in substantive employment law, including the Supreme Court's important decision in Uber BV v Aslam, examining the conception of a 'worker' within the 'gig economy'

Subjects:
Conflict of Laws, Employment Law
Contents:
1:Introduction
2:Employment in National Law
3:The Meaning of Employment from a Private International Law Perspective
4:Jursidiction under the Brussels I Regulation Recast
5:National Jurisdiction Rules in Employment Cases
6:Choice of Law
7:Mandatory Rules in Employment Cases
8:The Territorial Scope of English Employment Legislation
9:The Cross-border Enforcement of Restrictive Covenants
10:Conclusions

Series: Oxford Private International Law

Hagues Securities Convention ISBN 9780199211999
To be published January 2030
Oxford University Press
£155.00
The Hague Convention on International Child Abduction 2nd ed ISBN 9780199590346
To be published August 2028
Oxford University Press
£110.00
Intellectual Property and Private International Law 3rd ed (eBook) ISBN 9780192594822
Published February 2024
Oxford University Press
£250.00
(ePub)
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Intellectual Property and Private International Law 3rd ed ISBN 9780198853312
Published February 2024
Oxford University Press
£300.00
The 2019 Hague Judgments Convention (eBook) ISBN 9780192889850
Published November 2023
Oxford University Press
£104.17
(ePub)
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The 2019 Hague Judgments Convention ISBN 9780192889836
Published November 2023
Oxford University Press
£125.00
Asymmetric Jurisdiction Clauses ISBN 9780198868040
Published March 2023
Oxford University Press
£125.00
Asymmetric Jurisdiction Clauses (eBook) ISBN 9780192638359
Published March 2023
Oxford University Press
£104.17
(ePub)
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European Private International Family Law: The Brussels IIb Regulation ISBN 9780192843920
Published February 2023
Oxford University Press
£175.00
Singapore Private International Law: Commercial Issues and Practice ISBN 9780198837596
Published February 2023
Oxford University Press
£175.00
Singapore Private International Law: Commercial Issues and Practice (eBook) ISBN 9780192574596
Published February 2023
Oxford University Press
£145.83
(ePub)
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Employment Contracts In Private International Law 2nd ed (eBook) ISBN 9780192604156
Published April 2022
Oxford University Press
£133.33
(ePub)
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Choice of Law in International Commercial Contracts ISBN 9780198840107
Published March 2021
Oxford University Press
£252.50
Choice of Law in International Commercial Contracts (eBook) ISBN 9780192576415
Published March 2021
Oxford University Press
Out of print
International Negotiable Instruments ISBN 9780198828686
Published December 2020
Oxford University Press
£132.50
Private International Law Online: Internet Regulation and Civil Liability in the EU ISBN 9780198865261
Published July 2020
Oxford University Press
£115.00
£95.83
(ePub)
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The Anti-Suit Injunction 2nd ed ISBN 9780198778936
Published September 2019
Oxford University Press
£247.50
Sovereign Defaults Before Domestic Courts ISBN 9780198807230
Published January 2018
Oxford University Press
£112.50
Sovereign Defaults Before Domestic Courts (eBook) ISBN 9780192534057
Published January 2018
Oxford University Press
£93.75
(ePub)
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Conflict of Laws and Arbitral Discretion: The Closest Connection Test ISBN 9780198787440
Published January 2017
Oxford University Press
£132.50
Conflict of Laws and Arbitral Discretion: The Closest Connection Test (eBook) ISBN 9780191091339
Published January 2017
Oxford University Press
£100.00
(ePub)
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£229.17
(ePub)
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Human Rights and Private International Law ISBN 9780199666409
Published June 2016
Oxford University Press
£302.50
Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
Published March 2012
Oxford University Press
£207.50
£172.92
(ePub)
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Substance and Procedure in Private International Law ISBN 9780199532797
Published March 2012
Oxford University Press
£242.50
Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
Published March 2012
Oxford University Press
£183.33
(ePub)
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Employment Contracts In Private International Law ISBN 9780199591046
Published November 2011
Oxford University Press
Out of print
Employment Contracts In Private International Law (eBook) ISBN 9780191632075
Published November 2011
Oxford University Press
£133.33
(ePub)
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The Arrest of Ships in Private International Law ISBN 9780199581351
Published November 2011
Oxford University Press
£197.50
Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
Published February 2011
Oxford University Press
£395.00
The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
Published November 2010
Oxford University Press
£87.00
Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
Published October 2010
Oxford University Press
£227.50
Cross-Border Consumer Contracts ISBN 9780199276547
Published September 2008
Oxford University Press
£240.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£390.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
Oxford University Press
£215.00
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
Oxford University Press
£225.00
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
Oxford University Press
£47.49
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
Published March 2007
Oxford University Press
£395.00 - Unavailable at Publisher
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
Oxford University Press
£197.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
Oxford University Press
£600.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
Oxford University Press
£230.00
Procedural Law in International Arbitration ISBN 9780199249480
Published March 2004
Oxford University Press
£230.00
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
Oxford University Press
£275.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
Oxford University Press
£217.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
Published March 2003
Oxford University Press
£240.00
Cross-border Enforcement of Patent Rights ISBN 9780199249695
Published September 2002
Oxford University Press
£210.00
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
Published March 2002
Oxford University Press
£192.50
Corporations in Private International Law ISBN 9780198299257
Published March 2002
Oxford University Press
£227.50
Enforcement of Judgments in Europe
Wendy KennettLecturer in Law, University of Keele
ISBN 9780198298199
Published September 2001
Oxford University Press
£230.00
Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
Published October 2000
Oxford University Press
£217.50
The Hague Convention on International Child Abduction ISBN 9780198260646
Published September 1999
Oxford University Press
£210.00
Autonomy in International Contracts ISBN 9780198262701
Published March 1999
Oxford University Press
£210.00
Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
Published June 1998
Oxford University Press
£222.50
Declining Jurisdiction in Private International Law ISBN 9780198259596
Published August 1995
Oxford University Press
£217.50