Pojęcie „przepisy, których nie można wyłączyć w drodze umowy” w przypadku indywidualnej umowy o pracę, w rozumieniu rozporządzenia Rzym I
Concept of “Provisions which Cannot be Excluded by a Contract” in the Case of an Individual Employment Contract within the Meaning of the Rome I Regulation

Judgment of the Court of Justice (First Chamber) of 15 July 2021 in Joined Cases C-152/20 and C-218/20 DG, EH v SC Gruber Logistics SRL and Sindicatul Lucrătorilor din Transporturi, DT v SC Samidani Trans SRL

Summary/Abstract: The paper deals with the interpretation of the concept of “provisions that cannot be contractually excluded” provided for in Regulation 593/2008 on the law applicable to contractual obligations, which has a significant impact on the legal regime applicable to an individual employment contract in a situation where employees perform work in several EU Member States. It is crucial to distinguish posted workers from those who, without this feature, usually work in a country other than the employer’s seat and the place of concluding the contract. The mechanism of protection of posted workers’ rights is based on standards that enforce their application regardless of the choice of the legal system. In labour law, provisions that cannot be excluded by a contract and those that enforce their application may apply to the same legal norms. This category includes provisions that regulate both the components and the minimum wage rate.

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