Einde inhoudsopgave
Convention on the law applicable to contractual obligations
Article 6 Individual employment contracts
Geldend
Geldend vanaf 01-04-1991
- Bronpublicatie:
19-06-1980, Trb. 1991, 109 (uitgifte: 27-07-1991, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-04-1991
- Bronpublicatie inwerkingtreding:
19-06-1980, Trb. 1991, 109 (uitgifte: 27-07-1991, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Verbintenissenrecht / Europees verbintenissenrecht
Internationaal privaatrecht / Conflictenrecht
Verbintenissenrecht / Overeenkomst
1.
Notwithstanding the provisions of Article 3, in a contract of employment a choice of law made by the parties shall not have the result of depriving the employee of the protection afforded to him by the mandatory rules of the law which would be applicable under paragraph (2) in the absence of choice.
2.
Notwithstanding the provisions of Article 4, a contract of employment shall, in the absence of choice in accordance with Article 3, be governed:
- a)
by the law of the country in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country; or
- b)
if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated;
unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country.