Acta Universitatis Danubius. Juridica, Vol 10, No 2 (2014)

The Contracting Parties' Ability To Conclude The Employment Contract

Carmen Constantina Nenu


This study's main objective is to analyze certain effects produced by the changes of the Labor Code and by the entry into force of the current Romanian Civil Code. These effects refer to one of the fundamental conditions for the valid conclusion of the individual employment contract, that is, to the legal capacity of employers and employees. Thus, a complete analysis of legal regulations and of the correlations between different provisions on the legal capacity of parties to the individual employment contract is required to identify the existing noncompliance and to propose solutions. The research demonstrated that the current regulatory framework governing the legal capacity of the parties to an individual employment contract does not entirely correspond to the social reality. Therefore, only the employer benefits from a relatively comprehensive statutory regulation on the legal capacity to conclude an individual employment contract. The employee, however, does not benefit from the same attention from legislature. Considering the above, the study represents a significant scientific contribution, whose value lies in the proposed changes to modify legislature, so that the legal capacity of job holders would benefit from fair regulation, in accordance with the principle of legal protection of employee rights.


Full Text: 88-102



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