17. Consecințele încheierii unui contract individual de muncă pe durată determinată cu încălcarea dispozițiilor art. 83 C. mun. Calificarea respectivului contract ca fiind încheiat pe durată nedeterminată
17. Consequences of concluding an individual employment agreement of definite period by infringing the provisions of art. 83 of the labor Code. Qualification of such agreement as being concluded for indefinite period

Summary/Abstract: According to art. 57 par. (1) and (4) of the labor Code, “failure to comply with any legal requirements for the valid conclusion of the individual labor agreement would result in its nullity. If a provision becomes void, as it sets rights or obligations for employees, which are contrary to mandatory legal rules or applicable collective employment agreements, it shall be replaced by law with the applicable legal or conventional provisions (...)”. As a consequence, in the absence of a valid clause establishing the definite period of the individual employment agreement, the rule provided by the labor Code shall apply, namely the conclusion of the individual employment agreement for indefinite period.

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