The Use of the National Official Language in Contracts Containing Cross Border Elements
Universitas Islam Indonesia
Universitas Islam Indonesia
One of the four freedoms guaranteed by the European Union (EU) is the freedom of movement for worker. Through the freedom of labor movement, EU workers have the right to move and settle in other EU member countries. There is a case related to the freedom of labor movement, namely Anton Las is a Dutch citizen who lives in the Netherlands. He works as a full-time employee of PSA Antwerp, a company founded in Antwerp (Belgium). The company is also part of a multinational group that has offices in Singapore. Anton Las and PSA Antwerp have an employment dispute. Anton Las questioned the language in the employment contract and stated that the contract was null and void. Since the contract was made in English, not in Dutch. The formulation of the problem is how to use the national official language in contracts that contain cross borders. This research is normative legal research, which conducted by basing on library data as the main data which is secondary data, and in the form of legal materials. Legal materials that have been grouped and classified are then analyzed using qualitative analysis. With this qualitative analysis, the steps taken were based on juridical logic, as a result the problem can be explained in this study. The result of this research is that the domestic rules of member countries should not only require the use of national official language in contracts containing cross-border elements but also allow the use of other languages that are understood by each party. This regulation will be more proportional, thus it can create a win-win solution, the principle of freedom of movement for workers in European Union law is not violated and on the other hand, can also protect the objectives of national law.
Keywords: Language, Freedom, Cross Border
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