The Vienna Convention on diplomatic relations is concerned with the functions of a diplomatic mission, its status and that of the diplomatic staff employed in it and confers on diplomatic agents immunity from criminal jurisdiction and, to a certain extent, immunity from civil and administrative jurisdiction.
It is also appropriate to distinguish between sovereign acts and acts of management carried out by a State.
An act must be classified as an act of management if it is not demonstrated that it involves the exercise of public authority.
In the case of employment contracts concluded by a diplomatic mission with an employee for the needs of the performance of its functions, the case law tends to consider that those contracts fall within the scope of management, in so far as they do not constitute an act of a public authority giving rise to immunity from jurisdiction.
It follows that those contracts are governed by the provisions of the Labour Code.