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Publication date: 07.05.2024
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The employment contract in Ukraine is the main legal document that regulates the relationship between the employee and the employer. It establishes working conditions, rights and obligations of the parties, as well as other important aspects of employment.
The main elements of the employment contract include:
- Term of the contract (if it is established).
- The employee's position and description of his duties.
- Mode of working hours and work schedule.
- The amount of the salary and the terms of its payment.
- Terms of leave, including paid leave, annual paid leave, etc.
- Guarantees of social protection of employees.
- Rights and obligations of the parties in case of termination of the employment contract (dismissal, termination by mutual consent, etc.).
The employment contract must meet the requirements of the labor legislation of Ukraine and contain information that guarantees the protection of the rights of both parties. In case of conflicts or doubts regarding the terms of the contract, the legislation or professional legal advisors are usually consulted.
The employment contract can be concluded for a certain period or for an unlimited period.
1. Employment contract for a certain period: In this case, the parties agree on a specific period during which the contract will be valid. Such a contract can be concluded for a certain period (for example, for 1 year, for 2 years, etc.) or for the performance of a certain work (for example, until the completion of a certain project).
2. An employment contract for an unlimited term: In this case, the contract is concluded without specifying a specific term and has an established fixed term of validity.This type of contract remains valid until one of the parties terminates it under the terms provided by law or by agreement of the parties.
It is important to note that an employment contract for a certain period cannot be concluded for the performance of the main duties that characterize the permanent work of the employer. Such a contract can be concluded only in cases where it is justified by objective working conditions (for example, a temporary need for employees to perform temporary or seasonal work).
Thus, when concluding an employment contract, a citizen is usually required to submit the following documents:
1. Passport or other identity document: This is the main document that confirms the employee's identity.
2. A copy of the identification code assignment certificate: The identification code is mandatory for Ukrainian citizens and is important for submitting tax reports and wages.
3. Employment book: If the employee has an employment book, it can also be presented when concluding an employment contract. The employment book contains the employee's work history and previous places of employment.
4. In the cases provided for by law, also:
- Document on education (specialty, qualification): This is especially important to confirm the educational level of the employee, which may be important for the performance of certain duties at the workplace.
- Medical certificate: In some cases, the employer may require a medical certificate to verify the employee's fitness to perform certain duties.- Other documents: Depending on the conditions of employment and the specifics of the work, the employer may require the submission of other documents, such as documents confirming special skills, certificates, recommendations, etc.
When concluding an employment contract, it is important to take into account the requirements of the law and the conditions defined by the employer in accordance with the specifics of the work.
Legal advice on employment contracts is a process in which a legal professional provides advice, guidance and information regarding the conclusion, execution and termination of an employment contract between an employee and an employer.
These consultations may include:
1. Analysis and clarification of the terms of the employment contract: A lawyer can help to understand all the terms of the contract and their legal consequences. They can explain the rights and obligations arising from these terms and help you understand their implications.
2. Providing advice on the protection of the employee's rights: A legal consultant can explain the employee's rights established by law and advise how to protect his interests in cases of conflict with the employer.
3. Advice on agreeing the terms of the contract: A legal professional can provide advice on how to agree the terms of the employment contract so that they meet the interests of both parties.
4. Assistance in legal defense: In case of violation of rights or conflicts related to the employment contract, a legal consultant can provide assistance in the preparation and representation of the employee's interests in court.
