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  • Cited by 1
  • Print publication year: 2016
  • Online publication date: December 2017

Chapter 2 - Principles of Contract Law in the Context of the Employment Contract

from II - CONCLUDING THE CONTRACT

Summary

SECTION 1. AUTONOMY OF WILL

Parties are entirely free to give a contract the content they want. In principle this also applies to the individual contract of employment.

However, whereas in the past the individual employment relationship was almost completely regulated by the parties, it is now the subject of extensive and specific regulations in legislation, collective labour agreements and work rules.

SECTION 2. CONSENSUALISM

Consensualism presupposes that prior to the conclusion of the agreement mere consent by the parties suffices. In the context of the employment contract this principle is given another content. Consensualism does not play a role in fixed term employment contracts, replacement contracts etc. In all these cases the law imposes certain formal requirements. The aim of these formal requirements is not only to make it easier to produce evidence, but also to protect the employee.

SECTION 3. THE BINDING EFFECT OF THE CONTRACT

The principle of the binding effect of the contract (Article 1134 Civil Code) also applies to employment contract law. Once the contract has been concluded neither of the parties may make any changes.

SECTION 4. IMPLEMENTATION OF THE AGREEMENT BONA FIDE

The employment contract is expected to be implemented in good faith.

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