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  • Print publication year: 2012
  • Online publication date: September 2014

Chapter 1 - The subject of international procedural labour law

from Part VI - International procedural labour law of the European Union

Summary

Introduction

The subject of private international labour law consists of the procedural laws governing the scope of the labour courts in disputes against the background of industrial relations with a foreign element. The procedural norms of international labour law determine the jurisdiction of the labour courts and the recognition by courts and enforcement authorities of judgements in matters of employment law issued by foreign labour courts. Procedural norms of international labour law also set out the rules for enforcement of foreign labour courts and other competent authorities to resolve disputes of claims stemming from an employment relationship with an international element. International procedural labour law does not include standards for ruling in conflicts between the relevant provisions of procedural law, although usually in conflict with the provisions remain in force in the Member State in which courts are established and the rules of the country or countries in which the parties are resident or established in reside parties of a dispute involving an employment relationship with an international element. In principle, labour courts ruling in cases involving such claims make decisions according to the procedural laws applicable in the Member State in which the jurisdictional court meriti is located. The competent courts, therefore, rule on the basis of lex fori. It should be noted, however, that appropriate with national rules, procedural rules often contain special rules that apply to employment relationships involving a foreign element.