18 Since it is a free agreement between two separate rational persons, a contract does not strictly (presumably) violate the interests of the parties concerned. Contracts are therefore a fundamental form of fairness because they cannot affect the initial welfare of contractors. 29 With regard to the last argument, the economic theories of the treaty seem to provide a coherent analytical framework for the study of the contractual legal aspect of the working relationship. For example, at the time of the conclusion of the employment contract, there is a negotiation between the employer and the employee and an agreement on many elements of the employment relationship. This negotiation process is strictly contractual so that there are no contradictions between economists and lawyers on this point. As Pelissier, Supiot and Jeammaud (2006) assert, the employment agreement can be equated with a “specification zone” in which the worker`s qualification and remuneration, the place and other conditions of his or her work, clauses that offer benefits and guarantees for the worker (work vehicle and housing, experience benefits, clauses guaranteeing employment for a certain period of time etc.) , the mobility clause, the non-competition clause or the non-competition clause). Similarly, the contractual dimension is important when the employer decides to change or modify certain conditions of employment and work. These changes or amendments constitute a revision of the employment contract which therefore requires the employer`s agreement. If there is no formal agreement, you are often forced to resort to standard state laws, which you cannot always protect.
9In U.S. labour law, the development of labour rules assumes whether or not the company enters into a collective agreement (Stein 2009).5 This distinction is essential because there are two different branches of the U.S. labour order, namely labour law, which provides for the collective bargaining mechanism and other forms of collective workers, and labour law. , which sets minimum employment standards for all workers.6 that MTPR and NCT, on the one hand, and TCT, on the one hand, and the TCT Act, on the one hand, and the TCT Act, which sets minimum employment standards for all workers, on the other, are de facto theories that propose analyses that are anchored in this legal context.