Status prawny zasad bhp w prawie kolizyjnym zgodnie ze statutem pozaumownym
The legal status of health and safety rules in the non-contractual conflict of laws regime

Summary/Abstract: Determining the legal status of health and safety rules is important for cross-border employment relations. It influences the scope of an employer’s responsibility and thus the legal position of the employee as well. The article’s subject is to answer the question concerning the legal position of health and safety rules in private international law, assuming that for accidents at work the non-contractual conflict-of-law regime will be appropriate. Therefore, first of all, it was necessary to present the solutions adopted in the Rome II Regulation to determine the law applicable to non-contractual obligations. Subsequently, the article presents concepts of overriding mandatory provisions (article 16 of the Rome II Regulation), rules of safety and conduct (article 17 of the Regulation Rome II) and health and safety rules as well. After analysing legal regulations in force, as well as case law and doctrine position, the conclusion is that health and safety rules should be treated as overriding mandatory provisions.

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