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Publication date: 30.04.2024
active and purposeful military lawyer with more than 4 years of experience
Article 31 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code) prohibits requiring a citizen to perform work that is not stipulated in his employment contract.
According to Article 29 of the Labor Code, the employer is obliged to inform employees about their rights and obligations before starting work.
According to the first part of Article 21 of the Labor Code, an employment contract is an agreement between an employee and the owner of an enterprise, institution, organization (hereinafter - the enterprise) or a body or natural person authorized by him, under which the employee undertakes to perform the work specified in this agreement, in compliance with the norms of internal labor regulations of the enterprise, and the owner of the enterprise or a body or natural person authorized by him undertakes to pay the employee a salary and provide the working conditions necessary for the performance of the work provided for by the labor legislation, the collective agreement and the agreement of the parties.
Part four of Article 21 of the Labor Code stipulates that in the conditions of the simplified regime for regulating labor relations, defined by Chapter III-B of the Labor Code, the labor contract is the main means of regulating the labor relations of employees and employers (owners of private enterprises), in which the number of employees or the level of remuneration meets the criteria , established by Article 49-5 of the Criminal Code.
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Thus, the employee's labor duties are defined in the employment contract (if it is concluded in writing) and/or in the job description.We draw your attention to the fact that, usually, the labor duties of an employee are developed by the employer based on the specifics of the staff list and qualification characteristics, which determine the list of basic jobs that are characteristic of one or another position (profession), and ensure unity in determining the qualification requirements for certain positions (professions ).
Before starting work, the employer must familiarize the employee with his work duties. The employee's signature in the employment contract or in the job description certifies that the employee is familiar with the job duties.
A record of familiarization with the job description is made either on the instruction itself on the last sheet with the employee's signature: "I have read the job description (date, signature)" or on the order (order) on hiring (appointment to a position).
In the absence of an employee's signature in the employment contract or in the job description, it is considered that he is not familiar with them, and, accordingly, the conditions of Article 29 of the Labor Code are violated.
Legal entities and natural persons — entrepreneurs who use hired labor — are liable for violations of labor legislation in accordance with current legislation.
Regarding the responsibility of the employee
The employee must have appropriate qualifications, that is, the ability to perform such tasks and duties, which is determined by his level of education and specialization.
