Good faith in employment relations – between standard and duty

Abstract

The current Labour Code of the Republic of Moldova does not regulate the principle of exercising constitutional rights and freedoms in good faith. Exercising of these rights is complemented by the other dispositions contained in the labour legislation and, insofar as they are not incompatible with the specifics of the labour relations provided by the code in question, with the provisions of civil legislation. The civil legislation in the matter of good faith stipulates that this institution is a standard of conduct of a party, characterized by fairness, honesty, openness and taking into account the interests of the other party to the legal relationship. In the sense of the invoked principle, it is assumed that an employee exercising his rights at work fairly and honestly, must take into account the employer’s interests. However, in terms of the content of the legal employment relationship, the interests of the parties differ. The purpose of this paper is to analyse some aspects regarding the implications of the principle of good faith in the execution of employment contracts, a principle which is valid for the parties to employment contracts.