APPLICATIONS OF THE NORMATIVE CONTRACT IN THE LABOR LAW: THE COLLECTIVE LABOUR CONTRACT (English version)

Lucian-Mihail Arnautu and Catalina-Elena Tudurachi
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Lucian-Mihail Arnautu: Lector universitar doctorand, Universitatea “PETRE ANDREI” din Iasi, Romania
Catalina-Elena Tudurachi: Assistant, “Petre Andrei” University

Jurnalul de Studii Juridice, 2010, vol. 3-4, 299-309

Abstract: A certain aspect is necessary for a behaviour or conduct rule to become a legal norm or standard. Hence the expression forms of the legal norms in the legal literature have acquired the name of source of laws. The contract is an individual legal act because it sets rights and obligations for determined subjects. Nevertheless, there is a type of contracts which do not concern directly the rights and obligations of certain determined subjects (as participants in a legal relationship), but suppose general regulations. That is why they are also called normative contracts and are considered sources of the positive law. In the labour law, the normative contracts have very important applications. Basically, the labour law is considered to be a "negotiated law having a conventional background”. Collective agreements are specific sources of law, labour law part, not being issued by the legislature or other state body, but having a conventional nature, including legally negotiated rules. Thus, the collective labour agreement acts like a subsequence to the legislation, but which is the main source of labour law in respect to the issues regarding the conclusion, modification, suspension or termination of individual labour contracts, that are binding for the courts. Therefore, the collective labour contract was considered in the literature as a "regular contract" while by the conclusion of collective labour contracts, the labour law becomes a "negotiated law, having a conventional background”, created by the employers and employees, depending on their interests and their social and economic positions.

Keywords: Source of law; Contract; Labour; Collective bargaining; Employee (search for similar items in EconPapers)
JEL-codes: A23 K31 (search for similar items in EconPapers)
Date: 2010
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