Issues legal and economic regarding amendments of the individual employment contract because the individual performance targets are not achieved by the employee

Author:Ana Vidat
Position:Law Department, Bucharest University of Economic Studies, Bucharest
Pages:201-207
SUMMARY

Adapting a gainful economic or technological developments ma y require modification of the individual employment contract under which the activity is performed, taking into account the intrinsic dynamism of employment.

 
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Issues legal and economic regarding amendments of the individual
employment contract because the individual performance targets are
not achieved by the employee
Lecturer Ana VIDAT
1
Abstrac t
Adapt ing a gai nful economic o r te chnologi cal develo pments ma y requ ire
modificat ion of th e indiv idual emp loyment contra ct under whic h the activi ty is performed,
tak ing into a ccount the intrin sic dynamism of employment .
Keywords: indiv idual emplo yment contrac t; in dividual pe rformance g oals;
indi vidual employment contract performance; mod ification of the in dividua l employment
contra ct.
JEL Cla sification: K31
I. Introductory issues
A) General legal issues concerning individual employment contract
modification
Adapting a gainful economic or technological developments may require
modification of the individual employment contract under which the activity is
performed, taking into account the intrinsic dynamism of employment. If the
parties jointly establish individual labor contract content, all in agreement, may
agree to amend it at any time, according to art. 41 para. 1 of the Labour Code.
Individual employment contract is governed, in terms of its effects, and the
provisions of principle of art. 1270 of the Civil Code „That valid contract has the
force of law between the contracting parties".
The principle of "pacta sunt servanda" , based on respect for moral
demands of his word and the need for legal certainty imposed by society, finds its
place in the more labor
2
. Its application implies that, wherever possible, the parties
agree to maintain, throughout the execution of the contract, the terms initially set.
1
Ana Vidat - Law Department, Bucharest University of Economic Studies, Bucharest,
Lawyer, member of the Bucharest Bar Association, ana.vidat@yahoo.com .
2
See, in this regard, R. Dimitriu, Contractul individual de muncă. Prezent şi perspective, T ribuna
Economică, Bucharest, 2005, p. 211.

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