Applicable Employment Law after Rome I –The Draft Rome I Regulation and Its Importance for Employment Contracts

This article analyses the extent to which implementation of the present proposal for a Rome I Regulation will change the existing principles for international choice of law with respect to employment relationships. The special concept of 'temporary' posted employees will undergo significant changes with the Regulation, and the existing 'mandatory' assessment of connection also seems likely to change character. The article also deals with the effect which the Regulation’s date of commencement may have on existing employment contracts, and concludes with some critical comments on legal policy.