The Contracting Parties' Ability To Conclude The Employment Contract

• Author: Carmen Constantina Nenu
• Position: Senior Lecturer Ph.D., Faculty of Law and Administrative Sciences, University of Pitesti
• Pages: 88-102

ACTA UNIVERSITATIS DANUBIUS Vol. 10, no. 2/2014

88

Private Law

The Contracting Parties' Ability To

Conclude The Employment Contract

Carmen Constantina NENU

1

Abstract: 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 r egulation on t he

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.

Keywords: ability; condition employment; validity; contract

1. Introduction

The validity conditions represent all requirements that ensure the employment

contract a full production of legal effects. In this sense, some of the legal

requirements that must be met for a valid conclusion of the individual employment

contract are common to all civil contracts, whereas others are specific to labor law.

The common conditions are the parties' ability to contract, the subject of the

contract, the consent of the parties and the cause of conclusion.The specific

conditions are the existence of the job, employee training, seniority and specialty

1

Senior Lecturer Ph.D., Faculty of Law and Administrative Sciences, University of Pitesti. Address:

Republicii Blvd., no. 71, Pitesti, Romania. Corresponding author: carmennenu2006@yahoo.com.

AUDJ, vol. 10, no. 2/2014, pp. 88-102