NEW VARIETIES OF EMPLOYMENT CONTRACT IN ROMANIAN AND EUROPEAN LAW, IN THE WAY TO THE FLEXIBILITY OF LABOUR RELATIONS
Supp/2008 , p356..364
Author(s):
Raluca DIMITRIU
Keywords:
Labour law, employment contract, flexibility, comparative law
Abstract:
The European tendency to attain a certain degree of flexibility in labour relations intersects with the traditional request for security in labour, within so-called “European Social Model”. With regard of such model, Romania, benefiting from a labour legislation which assures a high level of employment protection, is to be expected to add a new dimension of flexibility within the labour relations. The present study aims to analyse new varieties of the Employment contract, which can be found within different European systems, with the intent to put into light the possibility to implement them in the present Romanian system. The study will especially emphasize the experience of the new member states, which find themselves in a similar position with Romania. In fact, one of the starting points is the idea that “one size fits all” may still be a dangerous approach – when it comes to the concepts of flexibility and security. On the contrary, the experience of the new member states may lead to new nuances when debating the dimension of flexibility within labour relations. The study’s conclusions will include several de lege ferenda proposals, regarding the possibilities of legislative modifications meant to leave a larger space for free negotiation of the Employment contract.
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