ESSENTIAL CLAUSES OF INDIVIDUAL EMPLOYMENT CONTRACT - QUESTIONS AND ANSWERS
ESSENTIAL CLAUSES OF INDIVIDUAL EMPLOYMENT CONTRACT - QUESTIONS AND ANSWERS

Summary/Abstract: This study aims to analyze the legal texts of the Labour Code which refers to the elements / clauses in individual employment contract and clarifying those that have been essential. Rules of the Labour Code which refer to the contents of the individual employment contract are not consistent. The texts of the Labour Code which refer to the essential and specific clauses in individual employment contract are art. 17 para. (1) - (3), art. 20 and art. 41-48. Also Order no. 64/2003 sets out the mandatory elements that must be included in the individual employment con tract, showing that through negotiation between the parties, the contract may include specific clauses under the law. The analysis is done in the light of the provisions of art. 1179 and art. 1185 of the Civil Code, as in common law. At the end of the study, we conclude that certain provisions were essential character to the conclusion of any individual employment contract, others result of the negotiation, have essential character only to the contracting parties, while certain clauses are essential for certain types of individual employment contracts. Finally, it is assessed and the consequences of lack of essential clauses and establish its content contrary to legal norms.

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