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

18 Pages Posted: 8 Mar 2016

See all articles by Aukje A.H. Van Hoek

Aukje A.H. Van Hoek

University of Amsterdam Institute for Private Law

Date Written: March 8, 2016

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

Suggested Citation

Van Hoek, Aukje A.H., Finding a Legal Framework for Transnational Collective Agreements Through International Private Law (March 8, 2016). Amsterdam Law School Research Paper No. 2016-12, Centre for the Study of European Contract Law Working Paper Series No. 2016-02, Available at SSRN: https://ssrn.com/abstract=2744595 or http://dx.doi.org/10.2139/ssrn.2744595

Aukje A.H. Van Hoek (Contact Author)

University of Amsterdam Institute for Private Law ( email )

Amsterdam, 1000 BA
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
125
Abstract Views
847
rank
310,686
PlumX Metrics