Open Norms and the Psychological Dimension of Employment Relationships

Abstract

Taking into account the incomplete and relational nature of employment contracts, this article examines to what extent so-called “open norms”, such as good faith or abuse of power, bear the potential to legally validate the legitimate expectations and psychological perceptions of the employee or the employer respectively in comparison to the formal a priori drafted rules that traditionally regulate the employment relationship. It assumes that, despite the possible criticism against the use of open-texture norms, these norms are better able to give effect to the dynamic reality of the employment relationship and its concealed interests in comparison to labour law's current concepts. A consideration of the grounds and extent of the employer's power to modify the terms of the contract of employment supports this assumption.