The Fish Lands

Private international law regulation of individual employment relationships within the European Union

“…15 Second, it should be consistent across Brussels Ia, the Lugano Convention and Rome I (and their predecessors). 16 Third, the concept of 'individual employment contract' in these legal instruments is related to the concept of 'worker' used in substantive EU law, although the two concepts remain distinct. 17 Fourth, the concept of 'individual employment contract' should be interpreted in light of the goal of employee protection.…”

“…'they create a lasting bond which brings the worker to some extent within the organisational framework of the business of the undertaking or employer, and they are linked to the place where the activities are pursued, which determines the application of mandatory rules and collective agreements'; 19 'the independent concept of a "contract of employment"…presupposes a relationship of subordination of the employee to the employer'; 20 'the concept of "employee"…must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship is that, for a certain period of time, a person performs services for and under the direction of another person, in return for which he receives remuneration'; 21 'an employment relationship implies the existence of a hierarchical relationship between the worker and his employer, and that the issue whether such a relationship exists must, in each particular case, be assessed on the basis of all the factors and circumstances characterising the relationship between the parties'.…”