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Employment Contracts and jurisdictional choice

  • 09-06-2014 12:45pm
    #1
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭


    So, from another thread it was mentioned that when signing or negotiating a contract in the EU, it is possible to state the jurisdiction of the contract as belonging to any other EU member state - e.g. that the provisions of the contract were subject to French law and French courts, even if both parties are in Ireland.

    How does this extend to employment contracts? With the huge number of multinationals here, it's probably not uncommon for an employment contract to state that it is subject to UK law or Dutch law. But how far does this jurisdiction extend? Presumably it's not possible for the employment contract to override statutory Irish employment law?

    Does this conflict mean that it's functionally impossible for employment contracts to be subject to another State's jurisdiction?


Comments

  • #2
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    seamus wrote: »
    So, from another thread it was mentioned that when signing or negotiating a contract in the EU, it is possible to state the jurisdiction of the contract as belonging to any other EU member state - e.g. that the provisions of the contract were subject to French law and French courts, even if both parties are in Ireland.

    How does this extend to employment contracts? With the huge number of multinationals here, it's probably not uncommon for an employment contract to state that it is subject to UK law or Dutch law. But how far does this jurisdiction extend? Presumably it's not possible for the employment contract to override statutory Irish employment law?

    Does this conflict mean that it's functionally impossible for employment contracts to be subject to another State's jurisdiction?

    I'm pretty sure that you can't sign away any employment rights. You can only add to them. I think if you work in Ireland and the the contract claims to be under Dutch law you have all employment rights provided under Irish law or dutch law.


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