International Labour
Relationships – By Geir Lolleng
English Summary
Part One
The subject of this book is those legal issues which arise when a labour relationship is associated with more coun¬tries than one. The book is intended as a contribution to private international law in the area of labour law, and it deals with questions such as jurisdiction, choice of law and enforcement of judgments with respect to labour relation-ships.
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Such problems appear to become increasingly topical. There is a trend towards a more international employment situation, one of the reasons for which is the emergence of new possibilities for speedy and efficient transportation of goods and services. Norway’s membership of the Euro¬pean Economic Area (EEA), which is itself a result of this process of internationalisation, will presumably lead to even greater internationalisation.
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The concept of international labour law is a rather ambiguous term. In its widest sense it comprises all issues relating to employment law which have an international aspect. It is, however, possible to make a provisional divi-sion of international labour law into two groupings: those rules which apply to international cases, and those which stem from international sources of law. International labour law in the sense of public international law relating to labour relationships is an example of the former, while jurisdiction, governing law, and enforcement of judgments from other countries in the field of labour law (internatio¬nal labour relationships) are examples of the latter.
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There is no general statutory manifestation of the rules concerning international labour relationships. In Chapter XII B of the Act No. 4 of 4 February 1977 relating to Wor¬ker Protection and the Working Environment (hereinafter referred to as the Working Environment Act), there are, however, provisions concerning both jurisdiction and governing law with respect to expatriate agreements. Nor¬way has acceded to the Lugano Convention of 16 Septem¬ber 1988 on Jurisdiction and the Enforcement of Judg¬ments in Civil and Commercial Matters (the Lugano Convention). This Convention, which is a convention parallel to the Brussels Convention of 27 September 1968 on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (the Brussels Convention), concluded among the EU member states, contains special rules regar¬ding jurisdiction in cases where individual service contracts are at issue.
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Norway has not acceded to the Rome Convention of 19 June 1980 on the Law Applicable to Contractual Obligations (the Rome Convention). It applies merely among the EU member states and is not part of the EEA Agreement. Nevertheless, the view taken by these authors is that the Rome Convention represents an important source of law, even if Norway has not formally acceded to it, nor is in a position to accede to it without becoming a member of the EU.
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Jurisdiction and governing law are in principle two dif-ferent issues; it is not always the case that law courts apply their own law. There is, however, close correlation between these two issues. For instance, the question as to which nation’s law should be applied, always needs to be decided on the basis of the rules concerning governing law of the country of the court of law (lex fori). Furthermore, an agreement as to venue will also provide some guidance as to the governing law — and vice versa.
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Labour law is noted for several characteristic features. First of all, there is an imbalance in the strengths of the parties at the individual level. Furthermore, there is a large element of what one might refer to as rules of administra-tive law, such as for instance provisions concerning labour inspection, worker protection, social security benefit sys-tems etc. The not inconsiderable collective element, as represented by the social partners, is a third characteristic feature of labour law. There is a reflection of these charac-teristic features in the rules relating to international labour relationships, and for that reason it may at times be diffi-cult to apply the general rules of international private law to labour relationships.
By Geir Lolleng
