Drepturile şi obligaţiile părţilor: specificul efectelor contractului de muncă şi rolul specific al dreptului muncii
Rights and obligations of the parties: the specificity of the employment agreement effects and the specific role of the labour law

Summary/Abstract: The most important document establishing the working conditions, the individual rights and obligations of the parties to the legal employment relationship is the individual employment agreement. With its two parts – the normative part and the bargained part –, the individual employment agreement is intended to establish, based on the normative acts into force and on the applicable collective employment agreements, the legal framework of the development of relationships between the employer and the employee. Starting from the specific nature of the individual employment agreement and focusing on the employee’s subordination towards the employer, this study describes the structure of the individual employment agreement in terms of its general provisions and special provisions set forth in its contents, the employer’s obligation to inform the employee about the future content of the individual employment agreement, the employee’s, respectively employer’s rights and obligations, the rule for concluding the individual employment agreement for an unlimited period and the exception of the employment agreement for a limited period, the form and registration of the individual employment agreement, the consequences of non compliance with the written form of the agreement, the evolution of the legislation in the matter.

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