The conundrum of the habitual workplace: In search of access to justice for transport workers in the European Union

Abstract

EU private international law regulations are articulated around the ‘habitual place of work’ factor, which does not fit well with the fact that not only are these workers mobile, but their place of work is also mobile. This article critically examines the proxy to this concept developed by the Court of Justice to provide transport workers with access to justice. There are some caveats to the chosen factual approach, in particular its complexity as well as the disregard for the collective dimension of employment relationships, since it can only be undertaken on a case-by-case basis. Moreover, this factual approach does not fit well to all transport sectors. The application of this approach considering the transport worker's domicile/habitual residence might enhance the said access to justice. A similar factual approach is employed in the Posting Drivers in the Road Transport Sector Directive which further compromises worker protection in this sector.