Zamestnanec a právne aspekty jeho postavenia: zborník vedeckých prác doktorandov: 27. február 2012, Košice, Univerzita Pavla Jozefa Šafárika v Košiciach, 2012, ISBN 9788070979495, p. 75-84.

Some Comments on Contractual Freedom in Labour Law

Tivadar Ötvös

Abstract

Labour law is connected to private law principles despite of it’s hybrid characteristics. The contractual freedom is applied in this legal sector in a modified way compared to the classic parts of private law (e.g. civil law). This article deals with the provisions which limit this freedom of contracts in order to fulfill the protective feature of labour law. The center of our consideration was the question: is in the time of globalisation correct still to talk about contractual freedom in labour law or should this principle be replaced/filled up with a wider one, which would include also the feature of employer protection and contractual fairness?
Full Paper
Tivadar Ötvös
Research Associate

Tivadar Ötvös, Research Associate at gLAWcal, Master Candidate at College of Europe in Bruges and EU commission Marie Curie Fellow at Tsinghua University and at Beijing Normal University (Beijing, China). PhD in Civil Law at the Pavol Jozef Šafárik University in Košice - specialization: Legal Principles.

Summary

Labour law is connected to private law principles despite of it’s hybrid characteristics. The contractual freedom is applied in this legal sector in a modified way compared to the classic parts of private law (e.g. civil law). This article deals with the provisions which limit this freedom of contracts in order to fulfill the protective feature of labour law. The center of our consideration was the question: is in the time of globalisation correct still to talk about contractual freedom in labour law or should this principle be replaced/filled up with a wider one, which would include also the feature of employer protection and contractual fairness?

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