Finding a Legal Framework for Transnational Collective Agreements Through International Private Law

Abstract

The exact definition of transnational company agreements may be elusive, but agreements between representatives of workers and management that span more than one jurisdiction do exist is practice. They are a growing social phenomenon to which law must formulate an answer. This contribution looks at the legal status of transnational company agreements from the point of view of private international law: what happens when one of the parties to a transnational company agreement tries to enforce a TCA in a national court, claiming that the agreement is a binding contract with normative effect? Are the European Regulations Brussels I and Rome I applicable to disputes relating to transnational company agreements? Which court would have jurisdiction to hear such a case and which law would that court apply to the conflict? The analysis of the current rules leads to a list of six recommendations to social partners involved in transnational negotiations.

Keywords: Transnational collective agreements, Transnational company agreements, international private law, European private law, European contract law

JEL Classification: K12