出版社:University of Bucharest and Nicolae Titulescu University
摘要:Obviously, the juridical act based on which a person works for and under the authority ofanother person in exchange of a salary can be only an individual employment contract, as theLabour Code specifies. So, in this case we are talking about a contract which should be governedby the rules of this matter as the common civil law stipulates, including the freedom of negotiationand concluding of this legal act. Unfortunately, on the present Romanian labour market the labourcontract is transformed into a contract of adhesion, imposed by the law. This reality, which can’tbe ignored, distorts the legal nature of the labour contract and the free will principle which mustbe respected during the negotiation and conclusion of the individual employment contract.
关键词:individual employment contract; negotiation; free will; equal positions before;the law of parties; subordination relationship