Short analysis of the essential elements of the typical employment contract and of its importance in maintaining it within the current social and economic context

Author:Carmen Constantina Nenu
Position:Senior Lecturer, PhD, Faculty of Law and Administrative Sciences, University of Pitesti, Romania
European Integration - Realities and Perspectives 2014
Short Analysis of the Essential Elements of the Typical Employment
Contract and of its Importance in Maintaining it within the Current Social
and Economic Context
Carmen Constantina Nenu
Abstract: Nowadays, the typical in dividual employment contract is the main source of ind ividual legal labor
relations, but is important to find th e road of this instrument in the future. It is a result of the fact that labor
market dynamics should be reflected in the new meanings of rights and obligations of the parties, which
cannot be covered by legal acts, with their general and impersonal character. The p urpose of the legal work
relationship is a special one, connected to the personality of human beings, and, as people are different, we
need individual legal acts which materialize working conditions in which each of the employees provides
work. Given the ongoing flexibilization of labo r relations and the emergence of new types of contracts, an
essential question arises. The question is whether the classic employment contract will maintain its
importance in the future, whether it will be a response to the interests of employers and employees in a world
characterized by economic instability, on the one hand, and by lack of skilled labor force on the other hand.
Therefore, this study aims to identify the characteristics of the t ypical employment contract, as they were
highlighted at international and national levels and the extent to which they will be maintained in the future.
Keywords: classic work; characteristics; security; labor market; instability
1. Introduction
Both at European and national level there are significant concerns for finding new forms of regulating
individual labor relations, forms that should answer the current needs of the labor market. In this social
economic context, the typical employment contract, being signed for an indefinite term, with full-time
work, the employee's work being carried in a location belonging to the employer, does not benefit
from the attention that it has been paid for decades.
Therefore, it is important to highlight that the characteristics of the individual employment contract are
specific primarily to the typical employment contract, because it responds and combines the best
interests of the employer and the employee, despite the emergence of new types of contracts, which
give a certain precariousness of labor relations.
The analysis of the current standard employment contract and of its destiny in the near future is
absolutely necessary to identify the extent to which protection of employee rights in the work
relationship suffers by adopting atypical labor contracts.
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:

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