Jump to ContentJump to Main Navigation
The Contract of Employment$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2020

The Contract of Employment in its International and European Law Setting

The Contract of Employment in its International and European Law Setting

(p.621) 29 The Contract of Employment in its International and European Law Setting
The Contract of Employment

Louise Merrett

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .