EIRP Proceedings, Vol 9 (2014)

Short analysis of the essential elements of the typical employment contract and of its importance in maintaining it within the current social and economic context

Carmen Constantina Nenu

Abstract


Now, the tipical individ ual employment contract is  the main source of individual legal labor relations, but is important to find the road of this instrument in the future.  It is a result of the fact that labor market dynamics should be reflected in the new meanings of rights and obligations of the parties, which can not be covered by legal acts, with their general and impersonal character. The purpose of the legal work relationship is a special one, connected to the personality of human beings, and, as people are different, we need individual legal acts which materialize working conditions in which each of the employees provides work.  Given the ongoing flexibilization of labour relations and the emergence of new types of contracts, an essential question arises. The question is whether the classic employment contract will maintain its importance in the future, whether it will be a response to the interests of employers and employees in a world characterized by economic instability, on the one hand, and by lack of skilled labor force on the other hand. Therefore, this study aims to identify the characteristics of the typical employment contract, as they were highlighted at international and national levels and the extent to which they will be maintained in the future.


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