Article 8 Individual contracts of employment

• 1. In matters relating to individual contracts of employment, an employee may bring a claim against the employer,  

• a) in the courts of the State in which the employee habitually carries out or carried out his work, [unless it was not reasonably foreseeable by the employer that the employee would habitually carry out his work in that State]; or

• b) if the employee does not or did not habitually carry out his work in any one State, in the courts of the State in which the establishment that engaged the employee is or was situated.

• 2. An employer may bring a claim against the employee under this Convention only – 

• a) in the courts of the State:

• i)    in which the employee is habitually resident; or

• ii) in which the employee habitually carries out his work; or

• b) if the employee and the employer have entered into an agreement to which paragraph 4 b) or c) applies, in the court designated in that agreement.

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