A Study of Legal Choice Model for Worker Protection

The freedom of contracting and the freedom of employment of workers are regarded as the roots of the development of a commodity economy society. Under the influence of the trend of economic globalization, the transnational movement of workers has brought about conflicts in national laws for the protection of workers. The U.S. follows the traditional case law model of not legislating specifically on employment contracts, but rather, protecting workers' freedom to choose their law and excluding the improper application of the governing law through the public policy of "no discrimination in employment". The EU rules are based on the Rome Rules, which provide for separate principles of law and peremptory norms for labor contracts, thus achieving a balance between autonomy and public interest