THE MODIFICATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT ASSUMING UNPREDICTABILITY

Ana Vidat ()
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Ana Vidat: Law Department, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2012, vol. 1, issue 1, 305-309

Abstract: Adapting a gainful occupation to technological or economical development may require the amendment of individual labor contract under which the activity is performed, taking into account the intrinsic dynamics of employment. If the parties, by agreement, determine the content of the individual labor contract, all in agreement, may agree at any time to amend it according to art. 41 para. 1 of the Labour Code. And trough the provisions of civil law – common law for the employment law – are established legal the review of the effects of the legal actdue because of the breakage contractual balance due to change in the circumstances envisaged by the parties in the moment of conclusion of the legal act (the so-called theory of unpredictability, rebus sic stantibus) – exception to the principle "pacta sunt servanda". Recourse to the legal document review because its effects are other than the parties agreed to establish and be binding in the moment of conclusion of that agreement. In the present paper we will refer to administrative contracts, given the subject of this paper – namely that the common law for individual employment contract is the civil law rules applicable to civil contracts. So in this paper does not refer to former commercial contracts, since the new Civil Code was achieved unification of private law matter – giving up the commercial contracts.

Keywords: the individual employment contract; the collective employment contract; the unpredictability; the modification of the individual/collective contract; the major force. (search for similar items in EconPapers)
JEL-codes: K31 (search for similar items in EconPapers)
Date: 2012
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