The article addresses the issues of which, from the EU perspective, are the applicable law and the competent courts in respect of employment contracts/relationships performed via the web and characterised by international elements. The study adopts a legal-regulatory approach, focusing, on one hand, on the issues related to the applicable law and, on the other hand, on those concerning the determination of the competent courts in respect of employment contracts/relationships performed via the web and characterised by international elements. The article outlines the possible detrimental effects on the weaker party of the contractual relationship, deriving from the application of the current connecting factors based on EU rules and regulations, in respect of the applicable law and the competent courts. The article considers only the EU legal framework, but suggests an evolutionary interpretation of EU law, aimed at preserving the anti-dumping rationale underlying the legal regime governing the applicable law and investigates the potential of collective redress mechanisms.
Employment relations via the web with international elements: Issues and proposals as to the applicable law and determination of jurisdiction in light of EU rules and principles / M.T. Carinci, A. Henke. - In: EUROPEAN LABOUR LAW JOURNAL. - ISSN 2031-9525. - 2020(2020 May), pp. 1-23.
|Titolo:||Employment relations via the web with international elements: Issues and proposals as to the applicable law and determination of jurisdiction in light of EU rules and principles|
CARINCI, MARIA TERESA (Corresponding)
|Parole Chiave:||Web-based workers, employment contracts with international elements, applicable law, competent courts|
|Settore Scientifico Disciplinare:||Settore IUS/07 - Diritto del Lavoro|
Settore IUS/15 - Diritto Processuale Civile
|Data di pubblicazione:||mag-2020|
|Data ahead of print / Data di stampa:||mag-2020|
|Appare nelle tipologie:||01 - Articolo su periodico|