OpenLegislation

Paragraph 2 I1

Notwithstanding the provisions of Article 4, a contract of employment shall, in the absence of choice in accordance with Article 3, be governed:

(a)

by the law of the country in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country; or

(b)

if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated;

unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country.

Annotations

Commencement

I1

Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Notes on Schedule 1

Textual amendments

F1

Words in Sch. 1 omitted (31.12.2020) by virtue of The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 3(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Notes on Part Title II

Commencement

I1

Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2