APPLICATIONS OF THE NORMATIVE CONTRACT IN THE LABOR LAW: THE COLLECTIVE LABOUR CONTRACT (English version)
AbstractA 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.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi in its journal Jurnalul de Studii Juridice. Dreptul romanesc- JOURNAL OF LEGAL STUDIES. ROMANIAN LAW.
Volume (Year): 3-4 (2010)
Issue (Month): (December)
Contact details of provider:
Web page: http://jls.upa.ro/
Source of law; Contract; Labour; Collective bargaining; Employee;
Find related papers by JEL classification:
- A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
- K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Amariei Mirela).
If references are entirely missing, you can add them using this form.