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Impress me with your knowledge, legal students.

I currently work in France, on a four month contract with an English employer. Am I subject to French or English laws regarding hours, breaks, leave, minimum wages etc. ?

Rep points will, of course, be allocated for anyone that can help me out.
Reply 1
Avatar for Profesh
Profesh
20
My legal instinct favours the latter.

N.B. My understanding is that contracts will be regulated and enforced according to the jurisdiction in which they are formed: see Entores v Miles Far East Co., Brinkibon v Stahag Stahl.
Reply 2
Avatar for CLman
CLman
I would also say English Laws, as your contract is to an English employer.
i think it depends where you formed the contract ie did you contract in england then go to france or did you contract in france?
Reply 4
Avatar for chalks
chalks
12
It will depend on the individual contract. Many contracts contain express jurisdiction/governing law clauses although that may not be the case where you have entered into such a short term arrangement.

The likelihood will be that your contract will be governed by English law, but that is unlikely to overrule any particular French statutory employment law provisions which apply to your circumstances. If, for example, your contract requires you to work 100 hour weeks and that level of work is strictly prohibited under French law then the French laws will take priority. Statutory provisions such as those usually include clauses preventing parties from contracting out of the effect of those legal obligations.
Reply 5
Avatar for Profesh
Profesh
20
chalks
The likelihood will be that your contract will be governed by English law, but that is unlikely to overrule any particular French statutory employment law provisions which apply to your circumstances. If, for example, your contract requires you to work 100 hour weeks and that level of work is strictly prohibited under French law then the French laws will take priority. Statutory provisions such as those usually include clauses preventing parties from contracting out of the effect of those legal obligations.


Interesting. I wasn't aware of that; although, on reflection, it does make perfect sense.
Reply 6
Avatar for chalks
chalks
12
There are certain statutory obligations in various areas of law which cannot be avoided simply by making the governing law of the contract different to that of the "home" jurisdiction. If you could, all employers would avoid onerous statutory obligations by making the governing law that of Timbuctoo etc.

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