This page provides general information only and is not legal advice. LawBridge is a platform that connects clients with lawyers, not a law firm, and does not provide legal services. For advice about your specific situation, consult a qualified lawyer.
Quick Answer
For an employment dispute with a cross-border element, Brussels Ia Regulation generally lets an employee sue in the country where they habitually work, or where the employer is domiciled — usually giving the employee a choice, not the employer. The applicable law follows Rome I Regulation, which allows a chosen law in the contract but can't remove protections the employee would have under the law of their habitual workplace.
Quick Facts
- Jurisdiction framework
- Brussels Ia Regulation (EU) 1215/2012 — protective rules favouring the employee
- Applicable law framework
- Rome I Regulation (EC) 593/2008
- Who this applies to
- Employees and employers with an employment relationship connected to more than one EU country
- Typical first step
- Confirm the country where the employee habitually carries out their work
Your Options
Sue where you habitually work
Usually available to the employee regardless of what the contract says about jurisdiction.
Sue where the employer is domiciled
An alternative available to the employee under Brussels Ia's employment-specific rules.
Rely on mandatory protections despite a chosen foreign law
Even where the contract picks a different country's law, protections that would apply under the law of the habitual workplace generally can't be removed.
Steps to Take
- 1
Confirm where you habitually carry out your work
The key fact driving both jurisdiction and the floor of applicable protections.
- 2
Check the contract's jurisdiction and governing-law clauses
These matter, but employment-specific EU rules limit how much they can restrict an employee's options.
- 3
Identify which mandatory protections apply regardless of the chosen law
E.g. minimum notice, working time rules, of the country where you habitually work.
- 4
Decide where to bring the claim
Employee-protective jurisdiction rules generally give more than one valid option.
- 5
Get country-specific legal advice
Employment law substance (notice periods, dismissal protection, procedure) is entirely national even where EU rules determine which country's law and courts apply.
Documents You May Need
- Employment contract
- Payslips and proof of where work was actually carried out
- Any correspondence relating to the dispute
- Proof of the employer's registered address/domicile
- Identity documents
Common Mistakes to Avoid
- Assuming a foreign-law clause in the contract removes all protections of the country where you actually work
- Assuming the employer's chosen jurisdiction is the only option
- Not documenting where work was actually, habitually carried out
- Missing country-specific procedural deadlines for employment claims
Risks & Deadlines
Employment claim deadlines are generally short and vary by country
Requires legal review for the specific country — many countries set short limitation periods for employment claims specifically, shorter than general civil claims.
Jurisdiction and applicable law can differ
Requires legal review for the specific case — the court handling the case doesn't automatically apply its own law; Rome I can require it to apply another country's employment protections.
Estimated Costs
- Court filing fee: Requires legal review — varies by country, often reduced or waived for employment claims
- Initial lawyer consultation: Varies by lawyer and country — ask for a quote upfront
- Full proceedings, if contested: Requires legal review — depends on the country and complexity
When to Contact a Lawyer
- You're unsure which country's courts you can bring a claim in
- The contract specifies a different country's law than where you actually work
- The employer disputes your claim
- A deadline for bringing an employment claim may be approaching
Frequently asked questions
Not generally — Brussels Ia's employment-specific rules are designed to protect the employee's ability to sue where they habitually work, and a jurisdiction clause in the contract can't fully override that.
Not entirely — Rome I lets parties choose a governing law, but mandatory protections of the country where the employee habitually works still apply as a floor, regardless of the chosen law.
Generally yes, but it can be more nuanced for employees who travel or work remotely across countries — this needs a case-specific assessment.
No. LawBridge is a platform that connects you with independent lawyers — it does not itself provide legal advice or legal services.
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