Publication date: 05.06.2024
Лоер
Conclusion of a fixed-term employment contract: verification, grounds and nuances.
Grounds for concluding a fixed-term employment contract
According to Article 23 of the Labor Code of Ukraine, a fixed-term employment contract can be concluded in the following cases:
Temporary nature of the work: If the work is not permanent in nature and is performed for a specified period of time (for example, seasonal work).
Specific working conditions: If, due to specific working conditions, the employment relationship cannot be open-ended. For example, the permanent nature of the work, but temporary conditions requiring the conclusion of a fixed-term contract.
Desire of the employee: If the employee himself is interested in a fixed-term employment contract.
Other legal grounds: For example, scientific and scientific-pedagogical workers after retirement, foreigners and stateless persons for the duration of the work permit, as well as employees elected or appointed for a certain term (people's deputies, judges, etc.).
It is important to note that the legislation does not contain an exhaustive list of cases for concluding a fixed-term employment contract.
Consultation of a lawyer
In order to correctly conclude a fixed-term employment contract, it is important to get the advice of a lawyer. For example, an employment contract consultation with a lawyer in Kyiv will help to avoid legal mistakes and ensure compliance of the contract with current legislation. A lawyer specializing in labor law in Kyiv can provide professional advice and assistance in drafting employment contracts and contracts.Legal nuances
If employment relations are established for a certain period of time without adequate grounds, this may lead to recognition of such a contract as invalid in part of the period. If the employee goes to court, the contract can be changed to an indefinite one. Therefore, consulting a lawyer is important to prevent such situations.
The role of a lawyer in the process of concluding an employment contract
Consultation of a lawyer
When concluding an employment contract, it is important to consult a qualified lawyer. For example, a lawyer consulting on an employment contract in Kyiv can provide comprehensive information about the requirements of the law, help draw up a contract, taking into account all the necessary legal nuances, and ensure its compliance with current legal norms.
Legal advice
Legal advice on an employment contract helps to avoid mistakes when drafting and signing it. The lawyer will explain the rights and obligations of the parties, check the legality of the terms of the contract, which allows protecting the interests of the employee and the employer.
Lawyer contracts labor law Kyiv
A lawyer specializing in labor law in Kyiv can provide professional assistance in concluding not only employment contracts, but also other contracts related to labor relations. For example, it can be a contract for the performance of certain works or the provision of services. Consulting a lawyer helps to draw up these documents correctly and in accordance with the requirements of the law.
Conclusion
The conclusion of an employment contract is an important stage in the employment process, which protects the rights of both parties to the employment relationship.Consulting a qualified lawyer allows you to ensure the correctness of the contract and its compliance with the requirements of the law. Regardless of whether it is about permanent or temporary employment, changes in working conditions or the conclusion of other contracts, legal advice is an integral part of this process.
