DESIGNATION OF THE LAW APPLICABLE TO THE INDIVIDUAL EMPLOYMENT CONTRACT ACCORDING TO REGULATION (EC) NO. 593/2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I)
DESIGNATION OF THE LAW APPLICABLE TO THE INDIVIDUAL EMPLOYMENT CONTRACT ACCORDING TO REGULATION (EC) NO. 593/2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I)

Summary/Abstract: Like any contract, an employment contract can have connections with different legal systems that give rise to a conflict of laws. The connection with a foreign legal system is given by a series of elements of foreignness, such as: the usual residence or citizenship of the employee, the place where he carries out his work, the seat or the usual residence of the employing enterprise or even simply; the presence of contractual clauses that refer to a foreign law. The criteria that allow the determination of the law applicable to the employment contract with international elements are currently indicated by Article 8 of EC Regulation no. 593/2008 (Rome I), special rule derogating from the general rules of the same regulation, intended to resolve conflicts of laws for contracts, in general. The adoption of the Rome I Regulation is part of the process of attracting the conventional sources of private international law in the Euro-unitary legal system, which became possible by assigning the European Union the power to adopt measures aimed at guaranteeing „the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction” (Article 81 TFEU). For contracts concluded after 17.12.2009 – the date of its entry into force –, the Rome I Regulation replaces the Rome Convention of 1980 in all member states, with the exception of Denmark, which did not participate in its adoption. The regulation ensures uniformity in the application of private international law rules in the various member states, rules whose uniform interpretation and application by national courts is ensured by the Court of Justice of the European Union, by means of the decisions handed down on the basis of preliminary questions.

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