The execution of an employment contract between an employee and an employer is equally important for both parties.
It acts as an additional guarantee for both parties, since it provides for all the basic working conditions, and, if one of the parties violates these conditions, the other party can protect the violated rights in court. Also, an employment contract is good because it is such a “warning”, because knowing that punishment is possible in case of non-fulfillment or violation of its conditions, the party will think twice before violating it. And although, in practice, the parties sometimes do without an employment contract, this is primarily unprofitable for the employee.
You are probably aware of cases of delayed or non-payment of wages, illegal dismissal or putting an employee in such conditions when it is better for him to “voluntarily” leave, overtime processing, work on holidays, unused vacation and much more, and all this without remuneration, if only "stay" at work.
In order to avoid the above unpleasant situations and maintain a good working environment, it is better to provide for all these nuances in the employment contract.
We will help you with this, we will draw up an employment contract in compliance with all the requirements of labor legislation and taking into account your personal requirements and features of work.
The current legislation of Ukraine defines an employment contract as an agreement between an employee and the owner of an enterprise, institution, organization or an authorized body or individual, according to which the employee undertakes to perform the work defined by this agreement, subject to internal labor regulations, and the owner of the enterprise, institution, organization or the body authorized by it or an individual undertakes to pay the employee wages and ensure the working conditions necessary for the performance of work, provided for by labor legislation, the collective agreement and the agreement of the parties.
A feature of the employment contract is that it regulates the labor relations of an individual employee and the owner (the body authorized by him), i.e. has a local (limited) character. Thus, individuals (citizens, foreigners, stateless persons) can be participants (or parties) of labor relations. In the legislation they are defined by the concept of "employee". The other party is the owner of the enterprise, institution, organization, authorized body or individual. Employment of foreigners in Ukraine requires compliance with additional formalities. In this case, we will also help you obtain a work permit.
It should be remembered that an employee can conclude an employment contract at one or simultaneously at several enterprises, institutions, organizations (unless there are appropriate restrictions provided for by law, a collective agreement or agreement of the parties).
A special form of an employment contract is a contract in which the term of its validity, the rights, duties and responsibilities of the parties (including material, moral), the conditions for the material support and organization of the work of the employee, the conditions for terminating the contract, including early, can be established by agreement of the parties.
Note, however, that not all types of labor activity of individuals are regulated by labor law. This is due to the peculiarities of the legal status of a certain part of the workers - military personnel, members of cooperatives, persons performing certain work under civil law contracts (contracts, etc.). The labor relations of these employees are regulated by the relevant charters, norms of administrative or civil law.
The ability of individuals to participate in professional labor activity is determined by their legal personality, that is, the ability to have and acquire certain rights and bear legal obligations. The determining factor for the emergence of the legal personality of individuals is age. As a general rule, a person who has reached the age of 16 can be a participant in labor relations. As an exception, under certain conditions, persons from the age of 15 and students from the age of 14 are allowed to work (we will dwell on the specifics of the work of minors separately). By concluding an employment contract, the parties determine their rights and obligations, i.e. the content of the employment contract.
Rights and obligations
The rights and obligations of the parties are divided into:
- direct, which are determined by the parties,
- derivatives provided for in the legislation, which in turn are divided into necessary conditions, without reaching an agreement, according to which the contract will not be concluded (coordination of the place of work, specialty, qualifications, position and salary), and additional conditions - a test for employment , combination of professions, other social benefits (housing, kindergarten, catering, etc.)
One of the additional conditions of the employment contract is the determination of the probation period for employment. This period is set to study the professional qualities of the employee, his ability to perform certain functional duties. The probation period cannot exceed three months, and in some cases, in agreement with the relevant trade union committee, six months (this applies to civil servants, as well as managers).
But there are frequent cases of violations of probationary periods by employers, when the employer cannot "study" the professional qualities of the employee in any way and constantly extends the probationary period, thereby "blackmailing" the employee with such uncertainty. The period of probation for workers may not exceed one month. There is no probation period for certain categories of workers. This rule applies to citizens under the age of 18; young professionals who graduated from higher educational institutions and in the prescribed manner sent to work; persons transferred from another place of work, and other categories of workers.
If the order (instruction) on hiring an employee did not stipulate the probation and its term, then it is considered that the employee was hired without probation. An important condition for concluding an employment contract is the definition of the form and its terms.
Labor contract
It should be remembered that the employment contract must be in writing. However, it is also permitted to conclude a contract orally. Compliance with the written form is mandatory:
- with an organized recruitment of workers,
- when concluding an employment contract for work in areas with special natural geographical and geological conditions and conditions of increased risk to health,
- when concluding a contract;
- if the employee insists on concluding an employment contract in writing;
- for concluding an employment contract with a minor, etc.
The term for concluding an employment contract
On the term of the conclusion of the contract, the employment contract can be:
- termless, concluded for an indefinite period;
- for a specified period of time agreed by the parties,
- such that it is for the duration of a certain work.
At the same time, a fixed-term employment contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its performance, or the interests of the employee, and in other cases provided for by legislative acts.
Labor relations arise from the moment the employee is hired.
In addition to the form, validity period, probationary period, there are many other features that you need to know when concluding an employment contract.
Employment issues
Our lawyers / lawyers will advise you on all employment issues, namely:
- registration of an employment contract
- the prohibition to require the provision of certain information and documents when concluding an employment contract
- limiting the joint work of relatives in an enterprise, institution, organization
- the obligation of the employee to personally carry out the work entrusted to him
- it is forbidden to demand the performance of work not stipulated by the employment contract
- transfer (temporary transfer) to another job
- changes in essential working conditions
- grounds for terminating an employment contract
- termination of an employment contract concluded for an indefinite period, at the initiative of the employee
- termination of a fixed-term employment contract at the initiative of the employee
- extension of a fixed-term employment contract for an indefinite period
- termination of the employment contract at the initiative of the owner or a body authorized by him
- additional grounds for termination of an employment contract at the initiative of the owner or a body authorized by him with certain categories of employees under certain conditions
- pre-emptive right to conclude an employment contract in case of return employment
- carrying out settlements with the employee and issuing him a work book, certificates of work and wages, etc.
If you are already a participant in a labor dispute, our lawyers and advocates will act as your representatives in court in order to protect your labor rights.
In some cases, in order to restore violated rights or prevent them, it is possible to do without a court, but by contacting the competent authorities that monitor compliance with labor laws, such as, for example, the State Labor Inspectorate.
In this case, our lawyers will prepare a complaint and advise on the issues of protection carried out through the relevant bodies of control and supervision over the implementation of labor laws.
