Considerations on some specific clauses
the individual employment contract Cover Image

Considérations sur certaines clauses spécifiques du contrat individuel de travail
Considerations on some specific clauses the individual employment contract

Author(s): Romulus Gidro, Aurelia Gidro
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: optional clause; non-competition; fidelity obligation; conscience clause; mobility

Summary/Abstract: The content of the individual work contract is formed by the rights and the expenses of the parties consecrated, formally, by contractual clauses. According to the Labor Code of Romania the contractual clauses are divided into: essential clauses and specific clauses. These are the result of the negotiations made by the parties and, if they exist, they must be expressly specified in the contract. The Labor Code, in article 20, provides, by way of example, four clauses of this type which allow the parties to negotiate, according to their interests, other types of clauses as well. Nevertheless, the practice has made it possible to observe both the existence of specific clauses through which normative acts in force or collective labor contracts are infringed by infringing the fundamental rights of employees.The author, without exhaustively analyzing the types of specific clauses, emphasizes those which, by their frequency or by more important consequences, are distinguished, such as: the non-competition clause, the conscience clause and the mobility.

  • Issue Year: 2008
  • Issue No: 1-2
  • Page Range: 104-112
  • Page Count: 7
  • Language: French