Challenges of the Knowledge Society (Apr 2011)
INDIVIDUAL EMPLOYMENT CONTRACT SPECIAL STIPULATIONS OTHER THAN THOSE PROVIDED BY THE LABOUR CODE
Abstract
The individual employment contract parties can negotiate and provide stipulations that govern their juridical labour relations, other than those stipulated by Labour Code, according with the paraghraph1 article 20 of the bill in discussion. In principle, this legal liberty is the expression of the will’s autonomy of the parties to conclude any legal act. We have to say that these stipulations transform the employment contract of an act imposed, an adhesion act in one governed by the principle of contractual freedom, even if the juridical literature calls these nonessential and optional clauses.In concreto, the employee and employer may agree to any provision not contrary to imperative stipulation of law, public order or morality. Thus, in this study we aimed to analyze those terms often encounter in labour relations: terms of intellectual propriety rights, conscience, stability, risk, delegation of responsibilities, objective, restriction of free time, index clause, without claiming exhaustive treatment of this topic, considering the development and adaptation of labor relations in Romania in the European context and beyond.
