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Publication date: 20.05.2024
An employment contract is an agreement between an employee and an employer that establishes their rights and obligations regarding the performance of certain work and its payment. In Ukraine, labor contracts are regulated by the Labor Code of Ukraine.
The main characteristics of the employment contract:
- 1. Parties to the contract: employee and employer.
2. Subject of the contract: performance of a certain labor function (work) by the employee.
3. Remuneration: determining the size and conditions of remuneration.
4. Labor rights and responsibilities: establishing the rights and responsibilities of both the employee and the employer.
5. Working conditions: definition of working conditions, such as working hours, rest, occupational health and safety, etc.
Types of employment contracts:
- 1. Permanent employment contract: concluded for an indefinite period.
2. Fixed-term employment contract: concluded for a specified period of time or for the time of performing certain work.
3. Contract for the probationary period: includes the period during which the employer assesses the employee's compliance with the requirements of the position.
Mandatory terms of the employment contract:
- 1. Place of work: specific enterprise, institution, organization.
2. Position or function: labor function performed by an employee.
3. Mode of work and rest: duration of the working day, weekends, vacations.
4. Remuneration: amount of wages, bonuses, allowances.
Features of concluding an employment contract:
- 1. Written form: the employment contract must be concluded in writing.
2. Signature: the contract is signed by both parties and becomes legally binding.
3. Registration: in some cases, the employment contract is subject to registration with state authorities.
Termination of the employment contract:
- 1. At the initiative of the employee: the employee has the right to terminate the contract at his own will, giving two weeks' notice to the employer.
2. At the employer's initiative: the employer may terminate the contract in cases provided for by law (retrenchment, disciplinary violations, etc.).
3. By agreement of the parties: the contract can be terminated by mutual agreement of the employee and the employer.
Employment contract legal advice - the employment contract is the basis of labor relations and an important tool for protecting the rights of employees, ensuring clarity and transparency in the relationship between the employee and the employer.
An employment contract can be both oral and written, but according to the legislation of Ukraine, the written form is preferable and mandatory in many cases. The Code of Labor Laws of Ukraine (KzpP) stipulates that an employment contract is concluded, as a rule, in writing (Article 24 of the Labor Code).
Cases when the employment contract must be concluded in writing:
- 1. With an organized recruitment of employees.
2. When concluding an employment contract with minors (persons who have not reached the age of 18).
3. When concluding an employment contract with natural persons.
4. When concluding a contract.
5. When concluding an employment contract on remote (home) work.
6. In cases where the employee insists on concluding an employment contract in writing.
Verbal form of employment contract:
- 1. The oral form of the employment contract is allowed in Ukraine, but it is less common and less reliable, as it does not provide adequate documentary confirmation of the terms of the employment relationship. According to the legislation, even if the employment contract is concluded orally, the employee has the right to demand written confirmation of employment.
Advantages of a written employment contract:
- 1. Clarity and transparency: a written contract records all working conditions in detail, which reduces the risks of misunderstandings and conflicts.
2. Legal protection: having a written contract makes it easier to protect the employee's rights in case of labor disputes.
3. Documentary evidence: a written contract is an official document that can be presented to a court or other authorities.
Lawyer consultation employment contract - thus, although the law allows the possibility of an oral employment contract, in most cases, in particular, to ensure legal certainty and protect the interests of both the employee and the employer, it is recommended to conclude an employment contract in writing.
Differences between an employment contract and a contract.
- An employment contract and a contract are forms of labor relations, but they have certain differences in terms of conclusion, content and regulation. Below are the main differences between an employment contract and a contract in Ukraine.
Employment contract.
- 1. Duration: The employment contract can be open-ended or fixed-term (for a certain period or for the time of performing certain work).
2. Termination conditions: The employment contract can be terminated at the initiative of the employee or the employer, subject to the procedures and notice periods established by law (for example, the employee must notify the employer in two weeks).
3. Regulation: Labor relations regulated by the labor contract are subject to the general norms of the Labor Code of Ukraine.
4. Flexibility of terms: The terms of the employment contract are more standard and are governed by the general provisions of labor legislation.
Contract.
- 1. Duration: The contract is always concluded for a certain period, which is determined by the parties.
2. Terms of termination: The contract contains detailed terms regarding the procedure and grounds for termination, which may be stricter than in a regular employment contract. For example, the contract may provide for additional sanctions or compensation in case of early termination.
3. Regulation: Relations arising on the basis of a contract are also subject to the CPC, but the contract may contain additional conditions that do not conflict with the law. The contract is a special form of employment contract and provides for individual working conditions.
4. Flexibility of conditions: The contract allows the parties to define more specific and individual conditions, which are not always possible to include in a standard employment contract. These can be special terms of payment, additional benefits, duties and responsibilities of the parties.
When using a contract.
- The contract is usually concluded in cases provided by law or when there is a need to establish specific working conditions. For example, contracts are often concluded with business leaders, professionals with a high level of qualification, as well as in areas where increased responsibility is required.
General conclusions.
- 1. Flexibility: The contract is more flexible and allows you to specify in detail working conditions that may be specific to a certain position or profession.
2. Stability: An employment contract, especially an open-ended one, provides more stability for the employee.
3. Regulation: Both forms are subject to the Labor Code, but the contract contains additional conditions that may go beyond the standard provisions of labor law.
Lawyer contracts labor law Kyiv - the choice between an employment contract and a contract depends on the needs of the employer and the employee, as well as on the specifics of the work and the level of responsibility that the position entails.
Remote work has become more and more common, especially since the COVID-19 pandemic, which has forced many companies to adapt to new conditions. Remote work has its own characteristics and is regulated by certain legal norms. Below are the main features of remote work in Ukraine.
Features of remote work:
- 1. Place of work: The employee performs his duties outside the employer's premises, usually from home or any other place of his choice.
2. Working hours: The employee can have a flexible work schedule, i.e. independently determine the time when he performs the work, provided that the set volumes and deadlines are met.
3. Labor organization:
4. The employee independently organizes his workplace and provides the necessary conditions for performing work.
5. Control and reporting:
6. The employer may use electronic means of communication to monitor work performance, receive reports, and provide assignments.
7. Means of communication and technologies:
8. The employee and the employer use e-mails, messengers, video conferences and other technologies to maintain communication and coordinate the work process.
Legal regulation of remote work:
- 1. Conclusion of an employment contract: An employment contract for remote work must be concluded in writing specifying the conditions of remote work.
2. Labor protection: The employer is obliged to ensure proper working conditions, compliance with labor protection norms, and the employee is obliged to observe the rules of labor safety at the workplace, which he chooses independently.
3. Provision of equipment and materials: The employer must provide the employee with the necessary equipment, software and other means necessary for the performance of work duties, or compensate the employee for the costs of their purchase and maintenance.
4. Remuneration: Remuneration conditions for teleworkers are determined by the labor contract and cannot be worse than for employees working in the office.
5. Labor rights and social guarantees: Remote workers have the same rights and social guarantees as other workers, including the right to vacation, sick leave, social insurance, etc.
6. Data protection: The employer must ensure the protection of employees' personal data, and employees must comply with the company's data security and confidentiality policy.
Advantages of remote work:
- 1. Flexibility: Ability to independently plan working hours and combine work with personal life.
2. Saving time and money: There is no need for daily commuting to the office, which allows you to save time and money.
3. Convenience: The ability to work in comfortable conditions, which contributes to increased productivity.
Disadvantages of remote work:
- 1. Social Isolation: Lack of direct communication with colleagues can lead to feelings of isolation.
2. Blurring of the boundaries between work and rest: Difficulty in separating work time from personal time, which can lead to overtiredness.
3. Need for self-discipline: High requirement for self-discipline and self-motivation of the employee.
The employment contract of a lawyer - remote work has both advantages and disadvantages, and its successful implementation depends on the effective organization of work, ensuring the necessary conditions and compliance with legal norms. It is important that both parties — both the employer and the employee — clearly understand their rights and responsibilities and interact to achieve effective results.
