About the Collective Dismissal of Employees - Practical Aspects
The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Once the acceptance has taken place, there is a...
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| Format: | Article |
| Language: | English |
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Danubius University
2017-05-01
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| Series: | EIRP Proceedings |
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| Online Access: | http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1795/1888 |
| Summary: | The employment relationship is a contractual one and as such must have all the basic elements of
an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the
employer and formally accepted by the employee. Once the acceptance has taken place, there is a legally
binding agreement and an action will lie against the party who breaches that agreement, even though it may
only just have come into existence. An employment contract, however, is unlike most other contracts.
Although the parties will have negotiated the main terms, we shall see that a large number of terms will be
implied into the agreement from all sorts of different sources and will not have been individually negotiated
by the parties at all. This is what makes an employment contract so different from other contracts. We think
this article is an important step in the disclosure of the problem erased by this two concepts. |
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| ISSN: | 2067-9211 2069-9344 |