An employee is sent for 3 years by Germany in the Switzerland, England or the United States. The employer wants to cancel. For more information see this site: Gamestop. What laws from which country should now be applied for the employment relationship? Is the German dismissal protection or apply provisions of each country? Principle is freedom of choice. Employers and workers may freely agree to which law in employment shall apply. This freedom of choice is constrained if mandatory protection rules would deprived of the workers, which entitled him to no choice of law. This is to distinguish the European Union, so within Europe, even after the sending country or aussereuropaisch. The existing international private law regulations of the EGBGB about contractual obligations (art. 27-37) have been occurred on December 17, 2009 override and replaced by the Rome I Regulation.
The Rome I Regulation applies for all contracts, the Closed December 17, 2009 (article 28 Rome I Regulation). In the European context, also the posting of workers directive is to be observed. In addition to questions of choice of law, it is also for other issues, such as the social security on the country of use. As there is with many countries social security agreements or apply EU regulations. The parties meet even absence of choice, the law of the country is determined, in which the employee habitually carries out his activity. Thereof, there may be exceptions, such as when resulting closer ties to another State, for example on grounds of nationality of the employee. The legal issues are numerous and court case law hardly exist.
Often applies German employment protection legislation in a roundabout way. But this is of course not. Here to make arrangements in advance, it is in the interest of both sides. The effective agreement of German labor law is usually mutually more manageable. Often arises from the circumstances that German labor law is to apply.