The determination of the habitual place of work as jurisdiction rule and as connecting point in the European regulations

Authors

DOI:

https://doi.org/10.20318/cdt.2018.4385

Keywords:

international employment contract, accuracy of the habitual place of work, circumstantial method, indicia used by the Case Law, nuanced indicia, rejected indicia

Abstract

The purpose of this paper is the identification and analysis of the indicia used by the judicial authorities of the European Union to determine the habitual place of work, as forum of interna­tional jurisdiction and as connecting point, in cases where it is diffuse because the employee performs his duties in several countries. It will also be analyzed the main indicia rejected by the European Court of Justice, or those whose usefulness has been qualified. This work is mainly casuistic and it is framed through the judgments of the ECJ and the conclusions of different General Advocates.

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Published

2018-10-05

Issue

Section

Estudios

How to Cite

The determination of the habitual place of work as jurisdiction rule and as connecting point in the European regulations. (2018). CUADERNOS DE DERECHO TRANSNACIONAL, 10(2), 477-496. https://doi.org/10.20318/cdt.2018.4385