Work is where we spend most of our time and also where we make our living. The productivity of work is primarily related to its conditions and incentives to go to it. The main incentive, of course, is the increase in wages, bonus payments and bonuses. Working conditions depend not only on the employer, but also on the employee. It is the worker who chooses and organizes the working conditions for himself. Your achievements and the attitude of the employer towards you depend on how much you know your rights and how you correctly approach the coordination of all conditions of work with the employer. Demonstration of awareness in employment earns only the respect of the employer and colleagues.
We will advise you on:
- the procedure for hiring (hiring) an employee for work
- transfers and temporary transfers to another job
- combination of professions (positions), part-time
- changes in the terms of the contract, possible mistakes of the head
- suspension from work
- dismissal of an employee
- responsibility of the head for the illegal dismissal of an employee
As a general rule, hiring goes through two stages: reaching an agreement between the parties on all mandatory and additional conditions (in the form of an employment contract) and issuing an order for hiring.
Labor contract
An employment contract is concluded both orally and in writing (by agreement of the parties).
Note that the employment contract must be in writing:
- 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, in cases where the employee insists on concluding an employment contract in writing
- when concluding an employment contract with a minor
- when concluding an employment contract with an individual, as well as in other cases
We believe that the written form of an employment contract in modern conditions is the most optimal, especially its importance increases with the increase in contractual regulation of labor and the expansion of the rights of enterprises in regulating labor relations, relations for additional social security of workers' rights.
Our lawyers will draw up an employment contract that meets your interests and the conditions of the law.
Recruitment
Upon hiring, the employee must provide:
- passport or other identity document
- work book
- if necessary: a document on education (specialty, qualifications), on the state of health and other documents
The employer is prohibited from demanding from persons entering the work, information about their party and national affiliation, origin, registration and documents, the provision of which is not provided for by law.
Employment is formalized by order (instruction) of the owner or a body authorized by him, i.е. an official with the right to hire and dismiss. The order does not mean the written form of the contract, but only fixes the agreement reached.
In addition to the above general rules for hiring, many additional issues arise in the process of employment, such as making typical mistakes when concluding an employment contract, abuse of an employer with a probationary period when hiring (test result), the occurrence of restrictions not provided for by law when hiring job, legal guarantees when applying for a job, etc. If you have become a victim of one of the above situations, we will advise you on how to get out of it.
Equally important is the dismissal of the employee. There are certain grounds and procedures for the dismissal of employees. If the employer does not comply with them, it means that he violates the current labor legislation and he is in big trouble.
Dismissal, termination of the employment contract
Dismissal from work is called the termination of the employment contract.
The grounds for termination of an employment contract are:
- agreement of the parties
- contract expiration
- termination of the employment contract at the initiative of the employee
- termination of the employment contract at the initiative of the employer
- transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
- refusal of the employee to continue work in connection with a change in the owner of the property of the organization, a change in the jurisdiction (subordination) of the organization or its reorganization
- refusal of the employee to continue work in connection with a change in the essential terms of the employment contract
- refusal of an employee to be transferred to another job due to a state of health in accordance with a medical report
- refusal of the employee to transfer in connection with the relocation of the employer to another locality
- circumstances beyond the control of the parties
Each of the above grounds for dismissal has its own nuances, the observance of which is necessary for the legality of dismissal. In case of ignorance of these nuances, for example, you can be illegally dismissed without monetary compensation.
We will advise you on the dismissal procedure, your rights and obligations, as well as the rights and obligations of the employer upon dismissal.
As a general rule, there is a certain procedure for terminating an employment contract with an employee, which depends on the initiative of the party shown when terminating the employment contract.
In case of dismissal from work at the initiative of the owner or a body authorized by him, it can take place only with the prior consent of the trade union body of the enterprise.
The dismissal process looks like this:
- when an employee is dismissed from work, an order is issued that indicates the grounds for terminating the employment contract with reference to the relevant paragraph and article of the law
- an entry is made in the work book about the reasons for dismissal, it also makes a reference to the wording of the current legislation indicating the clause and article of the law (dismissal cannot be carried out on grounds not provided for by law)
- a work book with a properly executed entry is issued to the employee on the day of dismissal (in the event that the employee is dismissed at the initiative of the owner or a body authorized by him, he is obliged to issue him a copy of the order on dismissal on the day of dismissal)
- at the request of the employee, a copy of the order is issued, a certificate of the employee's work at this enterprise indicating the specialty, qualifications, position, working hours and wages.
severance pay
Upon termination of the employment contract, employees are paid severance pay:
- upon termination of the employment contract in connection with the conscription or entry of the employee into military service or assignment to alternative service
- in case of refusal of the employee to transfer to work in another area together with the enterprise
- in case of refusal to continue work due to a change in essential working conditions
- in case of early termination of a fixed-term employment contract at the request of the employee in case of violation by the owner or an authorized body of labor legislation, a collective or labor contract
- in cases of changes in the organization of production and labor, including liquidation, reorganization or re-profiling of an enterprise, reduction in the number or staff of employees
- in the event that the employee is found to be inconsistent with the position held or the work performed due to insufficient qualifications or health conditions that prevent the continuation of this work
- upon reinstatement of an employee who previously performed this work
The amount of the severance pay is the average monthly salary. Citizens called up or accepted for military service, sent to alternative service, are paid a severance pay in the amount of two months' wages. When the employee terminates the employment contract at his own request, if the owner or the body authorized by him does not comply with labor protection legislation, the terms of the collective agreement, the employee is paid a severance pay in the amount provided for by the collective agreement, but not less than three months' earnings.
Achieving mutual agreement between the employee and the employer in our time is the exception rather than the rule.
If you have been unlawfully dismissed, we will help you bring your manager to justice and compensate for the damages associated with the unlawful dismissal.
