
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
§ 1. Subject-Matter Scope § 1. Subject-Matter Scope
-
§ 2. The Special Jurisdictional Rules § 2. The Special Jurisdictional Rules
-
§ 2.1 Employer Sued § 2.1 Employer Sued
-
§ 2.2 Employee Sued § 2.2 Employee Sued
-
§ 2.3 Counterclaims § 2.3 Counterclaims
-
§ 2.4 Exceptions § 2.4 Exceptions
-
§ 2.4.1 Brussels 2000 and Lugano § 2.4.1 Brussels 2000 and Lugano
-
§ 2.4.2 Brussels 2012 § 2.4.2 Brussels 2012
-
-
-
§ 3. Choice-of-Court Agreements § 3. Choice-of-Court Agreements
-
§ 4. International Scope § 4. International Scope
-
§ 4.1 Employer Sued § 4.1 Employer Sued
-
§ 4.1.1 Brussels 2012 § 4.1.1 Brussels 2012
-
§ 4.1.2 Brussels 2000 and Lugano § 4.1.2 Brussels 2000 and Lugano
-
-
§ 4.2 Employee Sued § 4.2 Employee Sued
-
§ 4.3 Domicile of the Claimant § 4.3 Domicile of the Claimant
-
§ 4.4 The Samengo-Turner Case § 4.4 The Samengo-Turner Case
-
§ 4.5 The Mahamdia Case § 4.5 The Mahamdia Case
-
-
-
-
-
-
-
-
14 Individual Contracts of Employment Under Brussels and Lugano
Get access-
Published:August 2013
Cite
Extract
See generally
The position with regard to individual contracts of employment is broadly similar to that concerning consumer contracts. The Hague Convention excludes from its scope choice-of-court agreements “relating to contracts of employment, including collective agreements”.2 This means that such agreements cannot be enforced under the Hague Convention, but it does not preclude their enforcement on some other basis. Under the European instruments, the position is different: contracts of employment are within the scope of the instruments, but special jurisdictional rules apply to “individual contracts of employment”. Except in limited cases, Member States are not permitted to give effect to choice-of-court agreements where these special jurisdictional rules apply. In other words, there is a positive prohibition against choice-of-court agreements (subject to the exceptions) where the special jurisdictional rules apply. In order to discover the scope of this ban, we must consider when the special jurisdictional rules apply.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
August 2024 | 1 |
September 2024 | 2 |
April 2025 | 3 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.