Even where the applicable law to the formation and effect of a labor contract as a result of a choice or change under Article 7 or Article 9 is a law other than the law of the place with which the labor contract is most closely connected, if a worker has manifested their intention to an employer that a specific mandatory provisions from within the law of the place with which the labor contract is most closely connected should be applied, that mandatory provisions also apply to the matters stipulated in the mandatory provisions with regard to the formation and effect of the labor contract.
For the purpose of the application of the preceding paragraph, the law of the place where the work should be provided under the labor contract (in cases where that place cannot be identified, the law of the place of business at which the worker was employed; the same applies in paragraph (3)) is presumed to be the law of the place with which the labor contract is most closely connected.
In the absence of a choice of law under Article 7 with regard to the formation and effect of a labor contract, notwithstanding Article 8, paragraph (2), the law of the place where the work should be provided under the labor contract is presumed to be the law of the place with which the labor contract is most closely connected with regard to the formation and effect of the labor contract.