Problems of the regulation and practical determination of invalidity in labour law

Abstract

In practice, in most cases, a declaration of nullity is the remedy for the possibility of including and applying an employer's overreach of power in an employment contract. It is a very important legal institution which can be approached from several angles. The study focuses on a comparison of civil and labour law rules and then suggests that the application of civil law rules on invalidity in labour law could be justified. The optimal solution would be to replace the current rules in the Labour Code with a reference to the invalidity rules of the Civil Code. Until this happens, however, it would be a good idea to apply the rule of analogy. However, this is not possible at present, since the Mt. provides for specific rules on invalidity in a cognitive manner. Therefore, until such time as this is achieved, an attempt should be made to approximate labour jurisprudence on invalidity to civil law by means of an expansive interpretation in judicial practice.