<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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...

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

Publicado en línea: 20 jul 2021

Páginas: 61 - 69

Recibido: 06 abr 2021

Aceptado: 09 may 2021

DOI: https://doi.org/10.15290/bsp.2021.26.02.03

Palabras clave
employee settlements, general clauses, justified interest of the employee, principles of social coexistence

© 2021 Krzysztof Baran, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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

Publicado en línea: 20 jul 2021

Páginas: 61 - 69

Recibido: 06 abr 2021

Aceptado: 09 may 2021

DOI: https://doi.org/10.15290/bsp.2021.26.02.03

Palabras claveemployee settlements, general clauses, justified interest of the employee, principles of social coexistence

© 2021 Krzysztof Baran, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Palabras clave
employee settlements, general clauses, justified interest of the employee, principles of social coexistence