2014

The penalty clause in employment contracts - Gal Andrea
Summary: This study aims to asertain wether penalty clauses are admissible in employment contracts.. Provided that neither the theory, nor the practice have  reached a uniform conclusion regarding this issue, in this paper we have endeavored to analyze the most frequent situations in which penalty clauses are stipulated in employment contracts, the way these clauses are interpreted by the contractual parties and by the courts, as well as the most eloquent solutions given by the courts when presented with these types of cases.

Key words: penaly clause; employment contract; damages; patrimonial liability; labour law;

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