General Clauses that Define the Scope of Contractual Freedom in Concluded Settlements in Disputes Between the Employee and the Employer Cover Image

General Clauses that Define the Scope of Contractual Freedom in Concluded Settlements in Disputes Between the Employee and the Employer
General Clauses that Define the Scope of Contractual Freedom in Concluded Settlements in Disputes Between the Employee and the Employer

Author(s): Krzysztof Baran
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Temida 2
Keywords: employee settlements; general clauses; justified interest of the employee; principles of social coexistence

Summary/Abstract: This paper aims to present the issue of general clauses that define the scope of contractual freedom in settlements which have been concluded in disputes between the employee and the employer. The aspect of mutual concessions is also discussed. The violation of the problem of justified interest is considered. The paper shows that general clauses are not mutually exclusive, but usually overlap in a settlement. Therefore, a given settlement may violate various general clauses. The vagueness of their conceptual scopes sometimes generates significant practical problems worth to be observed.

  • Issue Year: 2/2021
  • Issue No: 26
  • Page Range: 61-69
  • Page Count: 9
  • Language: English