If an employee is employed by an ROI company but based in N.I. under whose employment law jurisdiction do they fall for paternity leave for example? Alternatively, if the employee is employed in NI but works in ROI, which level of national minimum wage (NMW) would apply, for example?Posted in : First Tuesday Q&A NI on 6 October 2015
The question of the governing law applicable to a particular employment relationship depends on a number of factors.
Usually, a contract of employment will contain an express governing law clause which states the applicable law. However, even where a contract of employment includes an express governing law clause, case law from the Court of Justice of the European Union and EU Regulations provides that the mandatory rules of a different country may apply, if the contract has a "close connection" to that other country. Mandatory rules include such entitlements and statutory protections that the parties cannot contract out of.
The practical implication for the employer is that, even if
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Back to Q&A's This article is correct at 06/10/2015
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.