LEGAL NATURE OF THE INDIVIDUAL EMPLOYMENT CONTRACT

Obviously, the juridical act based on which a person works for and under the authority of another person in exchange of a salary can be only an individual employment contract, as the Labour Code specifies. So, in this case we are talking about a contract which should be governed by the rules of this matter as the common civil law stipulates, including the freedom of negotiation and concluding of this legal act. Unfortunately, on the present Romanian labour market the labour contract is transformed into a contract of adhesion, imposed by the law. This reality, which can’t be ignored, distorts the legal nature of the labour contract and the free will principle which must be respected during the negotiation and conclusion of the individual employment contract.