SCHEDULES
I4SCHEDULE 1 The Rome Convention
Title III3Uniform Rules
Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
Individual employment contracts
I11
Notwithstanding the provisions of Article 3, in a contract of employment a choice of law made by the parties shall not have the result of depriving the employee of the protection afforded to him by the mandatory rules of the law which would be applicable under paragraph 2 in the absence of choice.
I22
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.
Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2