{"id":785,"date":"2015-10-08T23:08:29","date_gmt":"2015-10-08T20:08:29","guid":{"rendered":"https:\/\/advokatura.kiev.ua\/?p=785"},"modified":"2022-08-13T14:22:39","modified_gmt":"2022-08-13T11:22:39","slug":"trudovoidogovor","status":"publish","type":"page","link":"https:\/\/advokatura.kiev.ua\/en\/trudovoidogovor\/","title":{"rendered":"Labor contract"},"content":{"rendered":"

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The execution of an employment contract between an employee and an employer is equally important for both parties.<\/p>\n<\/blockquote>\n

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 \u201cwarning\u201d, 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.<\/p>\n

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 \u201cvoluntarily\u201d leave, overtime processing, work on holidays, unused vacation and much more, and all this without remuneration, if only "stay" at work.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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).<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Rights and obligations<\/h2>\n

The rights and obligations of the parties are divided into:<\/p>\n