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7 Mandatory Rules in Employment Cases

From: Employment Contracts and Private International Law (2nd Edition)

Louise Merrett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Subject(s):
Overriding mandatory rules — Contractual obligations — Employment contracts — Mandatory provisions and public policy

This chapter addresses the role of mandatory rules in employment cases. Mandatory rules and public policy operate in a number of distinct spheres in private internal law. Whether or not a rule is intended to be mandatory is essentially a matter for the internal law of the relevant country whose rule is involved. However, in a private international law context, the way in which those rules take effect and how they relate to the choice of law process as a whole is determined by rules set out in the Rome I Regulation. The chapter details how mandatory rules operate in both the Rome Convention and the Rome I Regulation. Having considered these general principles, the focus will then turn to overriding mandatory rules in English employment law.

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