Buna-credinţă şi abuzul de drept în raporturile juridice de muncă

Lector univ. dr. Cătălin VASILE

ABSTRACT

Good faith is a concept recognized by the fundamental law itself so that it can later be given the status of a general principle în both civil and labor law. As far as working relations are concerned, good faith must manifest itself both at the time of their conclusion and later în the course of their work and translates into a loyalty or fidelity which the parties, whether individual or collective, must manifest to each other. The overcoming of the sphere of good faith places the parts of the legal labor relations în the area of the abuse of law, which is the object of study of the present paper. Thus, we will consider the rights and obligations of the parties în labor relations, as well as the fact that the abuse of law by any of the parties involved will be likely to attract legal punishment. We will have as a starting point the legal reality that good faith must exist not only...