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

  • José Luis Iriarte Ángel Universidad Pública de Navarra
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
How to Cite
Iriarte Ángel, J. L. (2018). The determination of the habitual place of work as jurisdiction rule and as connecting point in the European regulations. CUADERNOS DE DERECHO TRANSNACIONAL, 10(2), 477-496. https://doi.org/10.20318/cdt.2018.4385
Section
Estudios