Publication date: 19.05.2024
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An employee may not be allowed to work without concluding an employment contract drawn
up by an order or decree of the employer, and a notification to the central executive body on matters of ensuring the formation and implementation of the state policy on the administration of a single contribution to the mandatory state social insurance on the acceptance of the employee in order , established by the Cabinet of Ministers of Ukraine.
If the employment contract between the person and the enterprise is not concluded, then the employment relationship is not legally established.
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So, when a person performing labor duties (that is, actually in an employment relationship) insists on drawing up an employment contract in accordance with the requirements of current legislation, and the employer does not want to draw up the employment relationship properly, it becomes necessary to prove the fact of the employee being in an employment relationship with a specific employer.
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Confirmation of the fact of being in an employment relationship
It is possible to confirm the fact of being in an employment relationship both in court and out of court.
In an extrajudicial procedure, you can try to act "peacefully", namely, to negotiate with the employer, and in the event of a negative outcome of the negotiations, send an appeal simultaneously to the territorial bodies of the State Labor and Social Security Administration, in particular through the open electronic registers of these bodies using an electronic digital signature, using access to the Internet.Webinar "Employment contract vs civil law contract"
Format: recording • Date: September 26, 2022
Peculiarities of establishing the fact of being in an employment relationship in court are determined by Article 315 of the Civil Procedure Code of Ukraine.
An individual has the right to apply to the court at his place of residence with a statement to establish a fact that has legal significance, in particular, facts that depend on the emergence, change or termination of personal or property rights of individuals.
In the case of applying to the court with a corresponding application, it is necessary to indicate:
what fact and for what purpose the applicant requests to establish;
the reasons for the impossibility of obtaining or restoring documents proving this fact;
evidence confirming the fact (such evidence can be an order on acceptance/dismissal from work, orders on the implementation of labor activities, certificates on accrual and payment of wages, documents confirming the employee's admission to work (for example, a note on conducting safety training), performance labor function and scope of work (acts of completed work, other), testimony of witnesses, etc.).
An application to establish a fact that has legal significance is submitted to the court by an individual at his place of residence (registration of place of residence).
Also, one should not forget about the responsibility of employers for informal employment of employees. Today, the legislation provides for 5 types of liability:
disciplinary;
material;
administrative;
financial;
criminal
At the same time, such types of responsibility can be applied independently of each other.
