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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
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.