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Making inquiry for a friend of mine regarding sickness. If the employer company is registered in the UK and has operations in Dublin, does that mean the employment laws have to be the same as that the UK. Thanks

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The law that applies, is where the employee is based.

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It depends how strong the UK links are as to which law applies. Does his contract of employment contain a jurisdictional clause? Is there a company registered in Ireland or only on the UK? Who is he paid by, and in what currency? Does he ever work in the UK? Where is his home based?

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In 99% of cases, only the law of where the employee is based will apply ... so if based in Ireland it will be Irish law. This is also usually what the employment contract says.

 

For the remaining 1% of cases, refer to the employment contract ... although in some cases this will be overridden by the EU rules on jurisdiction under what is called the Rome I regulation:

 

SECTION 5

Jurisdiction over individual contracts of employment

Article 20

1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of Article 7 and, in the case of proceedings brought against an employer, point 1 of Article 8.

2. Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.

Article 21

1. An employer domiciled in a Member State may be sued:

(a) in the courts of the Member State in which he is domiciled; or

(b) in another Member State:

(i) in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did so; or

(ii) if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.

2. An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1.

Article 22

1. An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled.

2. The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 23

The provisions of this Section may be departed from only by an agreement:

(1) which is entered into after the dispute has arisen; or

(2) which allows the employee to bring proceedings in courts other than those indicated in this Section

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