The use of standard clause and the autonomy of the will in the choice of the national social law applicable to the transnational employment contract. Notes on case C-152/20 and C-218/20 of the Court of Justice of the European Union

This study aims to analyze the use of standard clauses preformulated by the employer for choosing the national social legislation applicable to the transnational employment contract. The theme will be approached from the interpretation of the Court of Justice of the European Union (CJEU), with a counterpoint of interpretation from the basic principles of Labor Law. The results show that the jurisprudence of the CJEU, in the sense that the wording of standard clauses by the employer does not affront the employee’s freedom of choice, goes in the opposite direction of protecting the most vulnerable party proposed by the European legislator, not observing the contractual imbalance between employees and employers. As for the methodological aspects, the present study will be elaborated through the logical-deductive methodology, through the bibliographic review, in addition to the jurisprudential analysis of the European Court of Justice, with the use of qualitative criteria