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
European Integration - Realities and Perspectives 2014
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
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 (Ptulea, 1998, p. 75 and the next; Tinca, 2004; Ştefnescu, 2005; iclea, 2003; Volonciu,
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:

To continue reading

Request your trial