Engaging establishment, intermediation and social dumping in international transport labour contracts

Abstract

Employment contracts in the different sectors of international transport are characterised by the existence of interposed figures in the engagement of workers. This makes it difficult to determine the international jurisdiction and the applicable law due to the problems in identifying the real employer and the engaging establishment, and to the influence this can have through the connection of the closest links. In the application of Private International Law rules, a real proximity in procedural and conflictual terms must be ensured, avoiding the existence of interposed entities being detrimental to the protection of workers that the Brussels I Recast and the Rome I Regulations seek to ensure.