Territoriality or portability in case of labour law?

Citation

(2010), "Territoriality or portability in case of labour law?", International Journal of Accounting & Information Management, Vol. 18 No. 1. https://doi.org/10.1108/ijaim.2010.36618aad.024

Territoriality or portability in case of labour law?

Article Type: AMIS statement and abstracts From: International Journal of Accounting and Information Management, Volume 18, Issue 1

Abstract

The variety of labour regulations is not only respected as a fact of the European construction itself, but it is also encouraged by various legal instruments, under the circumstances of elimination of any possibility of disadvantage of some workers with regards to other workers. Essentially, the labour law is territorially applicable, a territoriality which can be eliminated by the parties' will only to the extent this determines more rights for the employee. The labour law portability can be accepted only in case it would not lead to discrimination of the employee carrying out his/her activity in another country.

As regards the relation between diversity and discrimination in labour relations, the European Union pays a crucial part, in the sense that it protects the former and it eliminates the latter. In the last few years, the New Member states, including Romania, saw major evolutions in their labour market flexibility and income security.

This work is intended to investigate the relation between territoriality and portability in the European Labour Law, as well as the identification of the field in which the worker can carry out his/her activity in the territory of another Member State, yet maintaining his/her Law system.

Keywords Law, Labour contract, European Union, Discrimination

Raluca Dimitriu

The Bucharest Academy of Economic Studies, Bucharest, Romania

Corresponding author

Raluca Dimitriu can be contacted at: raluca_dimitriu@yahoo.com