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Publication date: 20.04.2024
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The employment contract is concluded on the basis of the Code of Labor Laws of Ukraine, which contains normative requirements for labor relations between the employee and the employer. The main provisions of the employment contract in Ukraine are defined in Articles 21-49 of the Labor Code of Ukraine.
Some of the main principles defined by the Labor Code of Ukraine regarding the employment contract include:
Grounds for concluding the contract: The employment contract is concluded based on the written agreement of the parties and in accordance with the requirements of the law.
Subject of the employment contract: The contract must determine the type of work to be performed by the employee and the conditions for their performance.
Term of validity of the contract: The contract can be concluded for a certain period or for an unlimited period.
Employment and working conditions: The contract must determine the place of work, work regime, length of working hours, wages and other working conditions.
Rights and obligations of the parties: The rights and obligations of both the employee and the employer must be defined in the contract.
Conditions for terminating the contract: The contract can be terminated by mutual consent of the parties, at the initiative of one of the parties or in cases provided by law.
This is just a general overview of the main provisions of the employment contract in Ukraine under the Labor Code. When concluding an employment contract, it is important to comply with the requirements of the law and ensure mutual benefit for both parties.
The essential terms of the employment contract determine the main aspects of the relationship between the employee and the employer. These terms are key to defining the rights and obligations of both parties and include the following elements:
Subject of the contract: Description of the employee's duties and conditions of their performance.This may include job duties, work schedule, work location, and other important aspects.
Remuneration: Terms of remuneration for employment, including wages, payment schedule, fringe benefits, compensation and bonuses.
Mode of working hours and vacations: Determination of working hours, mode of work (full-time, part-time), vacations, annual vacations, sick leave, etc.
Term of validity of the contract: Indication of the term of validity of the contract (term or indefinite).
Conditions for terminating the contract: The procedure for terminating the contract by mutual agreement of the parties, as well as in cases provided for by law.
Liability of the parties: Terms of liability for breach of contract, including possible fines, damages and other sanctions.
Other conditions: Any other important conditions that the parties consider necessary to include in the contract, such as confidentiality of information, etc.
These essential terms are the basis of any employment contract and must be agreed and reflected in writing to ensure clarity and enforceability of the terms of the contract.
Ukrainian legislation provides several possibilities for terminating the employment contract both at the initiative of the employer and at the initiative of the employee.
Dismissal at the initiative of the employer:
- Termination of the employment contract due to violation by the employee of labor duties or terms of the contract.
Dismissal due to changes in production, reduction of production volumes or changes in work organization that do not require the conclusion of a collective agreement or agreement with a trade union.Termination of the employment contract in connection with changes in the legal status of the organization, if this leads to the impossibility of the employee's performance of his duties (for example, liquidation of the enterprise).
Dismissal at the initiative of the employee:
- Retirement or preferential pension conditions.
Voluntary dismissal.
Retirement by age.
Termination by mutual consent:
The parties may agree to terminate the employment contract by mutual consent.
- Other grounds:
Dismissal based on the results of the certification, if the employee does not meet the established certification requirements.
It is important to note that the termination of the employment contract must take place in accordance with the requirements of the law and in compliance with all necessary procedures. In case of doubt or disputed situations, it is recommended to seek advice from a labor law lawyer.
A lawyer can advise you on compensation issues, including salary, pay schedule, fringe benefits, and more.
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