Articles Developments in PIL Scholarship Uncategorised

Sinander on Foreseeability in Private International Employment Law

Erik Sinander (Stockholm University) has published an article titled The Role of Foreseeability in Private International Employment Law in the first issue of the brand new Nordic Labour Law Journal.

The abstract reads as follows:

The EU’s private international employment law rules contain several measures intended to protect employees. Hence, unlike in the case of general contracts, one party (the employee) is given more forum shopping alternatives than the other (the employer), party autonomy is limited for employment contracts, and the objectively applicable law is based on the idea that the law of the place where labour is performed shall govern the contract. In this article, I argue that these protective measures are illusory and undermined in practice by the lack of foreseeability that is built into the choice of law rules. The conclusion of the article is that although it might be important to include protective measures in choice of law rules, the overarching principle for private international law rules should be to guarantee foreseeability. Paradoxically, EU private international employment law is highly unforeseeable, which, I argue, undermines the employee protection measures that are inserted into the EU private international employment law rules.