There is much less freedom of contract in employment contracts than in commercial contracts because of extensive statutory prescription of terms, and individual freedom is further limited by collective agreements. These limitations are predominately limitations on the terms which an employer can impose. They are purposely designed to protect workers from the imbalance of bargaining power in the labor market.
General comparisons between countries focuse on comparisons of the extent to which the law, statutory and non-statutory, limits freedom of contract in employment contracts. In some countries statutory protections are very thin and in other countries very comprehensive. The principle that law should come to the aid of the weaker party is very strong in many countries, but expressly rejected in others. Some countries insist that contracts of employment should be interpreted the same as other contracts and refuse to apply principles of unfairness, good faith or unconscionability to employment contracts. But even these countries have substantial statutory protection of workers.International Journal of Comparative Labour Law and Industrial Relations