An Analysis Of Employment Contracts Under Private International Law

Lekhana Padmanabhan, B.B.A. LL.B (Hons), CMRU School of Legal Studies

ABSTRACT

Considering employment contracts are progressively incorporating international dimensions, disputes having any international element require the implementation of private international law regulatory requirements to establish which court or tribunal can hear the case and what jurisdiction will be adopted to resolve the conflict. Every country must adapt to the ever- changing reforms and principles, and fulfil its role as a global member. The present paper seeks to examine the rules for establishing the jurisdiction of an employment contract vis-à-vis private international law globally, through a critical lens. The paper will primarily shed light on the elements of an employment contract under private international law and why it is essential to take this concept as a priority for the coming generations. Subsequently, the paper will elucidate upon the present legal initiatives that pertain to the rights of employees under private international law by citing pertinent legal provisions and related case laws. The paper will further venture into the statistical information reflecting the recent data contributing to the increase in employment contract disputes in the world, to supplement an analysis of the laws in this regard. After that, the paper will highlight the shortcomings of the existing principles and ultimately provide suggestive reforms to enhance the execution of employment contracts under Private International Law.

Keywords: Employment Contracts, Jurisdiction, Private International Law.