The employer's obligation to inform the successful candidate, namely the employee, on the essential terms of the individual employment contract. National and European normative aspects

• Author: Carmen Constantina Nenu
• Position: Senior Lecturer, PhD, Faculty of Law and Administrative Sciences, University of Pitesti, Romania
• Pages: 52-58

European Integration - Realities and Perspectives 2014

52

The Employer's Obligation to Inform the Successful Candidate, Namely the

Employee, on the Essential Terms of the Individual Employment Contract.

National and European Normative Aspects

Carmen Constantina Nenu

1

Abstract: In the context of a labor market with normative dimensions in constant evolution, the employee

status is quite difficult. In consistence with the principle of protecting employee rights, labor law has imposed

new measures that counterbalance the employer‟s position of authority within the employment relationship,

both at European and national levels. These include the obligation to inform the employee about the essential

elements of his working relationship, obligation established at European level by Council Directive

91/533/EEC of 14 October 1991, and at national level by the Labor Code.

Keywords: authority; labor legislation; balance; importance; role

1. Introduction

The individual labor contract legislation benefits from detailed regulation at labor law level, but the

European Union countries do not have a unified vision of the types of employment contracts and their

obligatory content. However, most states have not imposed formal requirements for typical individual

employment contracts, these being validly concluded by the mere agreement of the parties. In these

circumstances, given the emergence of new types of individual contracts of employment, the

employee should know and have proof of the most important elements of the contract, essential for his

relationship. It is therefore important to analyze which were the foundations of the adoption of

European Directives in the field, on the one hand, and the extent to which it meets social needs and

current national regulations, on the other hand.

2. National and European Legislation

Labor Code has adopted the provisions of Council Directive 91/533/EEC of 14 October 1991 on an

employer's obligation to inform employees on the conditions applicable to the contract or employment

relationship. It has also established that the employer shall, prior to the conclusion or modification of

the individual employment contract (JOEC, 1991, L 288), inform the person selected for employment

or, where appropriate, the employee, of the terms upon which they intend to include in the contract or

to modify (Ptulea, 1998, p. 75 and the next; Tinca, 2004; Ştefnescu, 2005; iclea, 2003; Volonciu,

2007).

1 Senior Lecturer, PhD, Faculty of Law and Administrative Sciences, Universit y of Pitesti, Romania, Address: Târgul din

Vale Str., Pitesti 110040, Romania, Tel.: +4 0348 453 100, Corresponding author: carmennenu2006@yahoo.com.