Collective labor rights and transnational labor relations: international jurisdiction and applicable law

Abstract

The solution to the conflicts of jurisdictions and laws caused by the extraterritorial exercise of collective labor rights lacks treatment by the EU legislator, since it has not introduced into the existing norms regarding the determination of judicial competence and applicable legislation the necessary connection criteria to determine which the competent judicial body may be to hear about the conflict (conflict of jurisdictions) and what national legal order is applicable to the matter (conflict of laws). This work seeks to provide reasonable solutions in cases where there are no such connection criteria, as well as to argue about the possible application, in certain cases, of the existing EU norms.