The Law Applicable to Cross Border Employment Contract: Lesson learned from Rome 1 Regulation
Abdullah M. Aldmour
Associate Professor of Private Law – Faculty of Law – University of Jordan
Determination of the law applicable to cross-border employment contracts remains not decisive, therefore achieving of adaptive solutions to protect the employees are a key function in international employment litigation.
This article aims to identify the law applicable to the international individual employment contracts from a comparative point of view, in particular according to Rome1 regulation.
A comparative study of different approaches in main foreign leading countries has shown that the Jordanian jurisdictional approach mainly set out in Article 20 of the Jordanian Civil Code is outdated and requires many modifications by recourse to the general principal of private international law and through making national law rules more favorable to the weaker party.
By reference to the comparative approach, the study came up with some practical recommendations for the national judiciary in order to determine the law applicable to cross-border employment contracts.
Keywords: conflict of laws, mandatory rules, comparative private international law, Rome I regulation, Jordanian law