Pietro Franzina

The posting of workers in the private international law of the European Community

  • Abstract

Informations and abstract

Keywords: Posting of workers - Rome Convention: choice-of-law rules - mandatory rules.

The posting of workers in the framework of a transnational provision of service is the object, in the Member States of the European Community, of both substantial and conflict of law rules. While the former are often the result of Community directives being implemented in the Member States' legal systems, the latter are mainly to be found in the 1980 Rome Convention on the law applicable to contractual obligations. The paper examines the relevant provisions of the Convention and its envisaged conversion into a Community instrument (the "Rome I" regulation). It focuses, more particularly, on the way in which the rights of posted workers may be effectively protected through the interplay of uniform rules of private international law and mandatory rules of the Member States.

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