Territorial Issues - What Law and Jurisdiction Applies to Employees Who Work Partly Outside NI?

Posted in : Essential Guide to Employment Contracts on 21 March 2022
Kiera Lee
Mills Selig
Issues covered: Territorial Issues; Laws and Jurisdictions

Working from home and remotely has thrown up a large number of issues for employers, including on this island in particular, where employees may easily split their working time across Northern Ireland and the Republic of Ireland. This can lead to confusion over which law applies if the employer is based in one territory and the employee works in the other.

The Rome Convention

Where the employee’s contract states that a certain law applies e.g. ROI or NI, the Rome Convention upholds this choice of law but the employee will be entitled to rely on any key employment laws (mandatory rules) of the country in which they work. This will apply where those laws are more beneficial to the employee

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This article is correct at 21/03/2022
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email Kiera.Lee@millsselig.com

View all articles by Kiera Lee