The lawyer checks the employment contract for compliance with the labour legislation, identifies risks associated with the signing and termination of such a contract, explains the rights and obligations of the client, if necessary, provides recommendations regarding changes to the contract. The result of the analysis of the contract the lawyer formalizes in the form of a legal conclusion with recommendations.
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Publication date: 26.07.2022
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How to check and challenge an employment contract: advice from a lawyer
Signing an employment contract without looking is a bad practice, including if the organization in which you get a job inspires trust and all the conditions were discussed at the interview. The document with the accompanying package of papers must be studied from all sides, because after the fact, when a person already begins to perform his official duties, it may happen that the working conditions do not correspond to the stated ones.
Therefore, experts advise to always carefully read the employment contract, and legal advice can be a good help to prevent risks. What should you pay attention to when studying the employer's documents and how can experienced lawyers help?
Employment contract: legal advice and main points in the document
During an interview with an employer, you should clarify all points, even uncomfortable ones. We offer some tips on what to pay special attention to and why. When reading an employment contract, a lawyer with any experience also focuses on this.
Salary. Under the concept of labor relations, the legislation provides for the fulfillment of several conditions, and the first and one of the main ones remains the financial issue, that is, the salary, which is paid as an incentive for the work performed. Therefore, at the interview, you should clarify all the terms of payment for the work and find out whether this clause is in the contract. In addition, it is necessary to find out whether the salary will be prescribed as a constant amount or not, that is, it consists of bonuses and incentive payments. It is important whether the entire payment will be paid officially or whether only the "white" part is indicated in the employment contract.
We remind you that the salary "in an envelope" is prohibited and punishable by law on the territory of Ukraine, but such examples often occur.
Labor duties. Any lawyer will clarify the nature of job duties during a consultation regarding an employment contract. They are indicated in as much detail and concretely as possible, the presence of "blurry" interpretations, such as "and other" or "similar" is not allowed.
Work schedule. It must be specified in the employment contract. If you do not like the mode of operation, find out if you can change the conditions. For example, to shift the schedule to avoid being late due to traffic jams, and to leave work later.
Signature. You must be sure that the person signing the document is authorized to do so. Contracts are usually signed by a director or an authorized representative acting on the basis of a power of attorney.
Lawyer: contracts, labor law in Kyiv
If you need the help of a lawyer, our online service offers to organize a consultation on an employment contract. To contact experienced specialists, you just need to download the appropriate program and use the proposed contact database. Lawyers usually act like this:
● First, the specialist checks the document for compliance with the Labor Code and the current labor legislation of Ukraine.
● Then it determines the risks that may be associated with the conclusion or termination of such an agreement.
● After that, the lawyer explains to the client his duties and rights, if necessary, gives recommendations related to making changes to the contract. That is, a contract and labor law lawyer in Kyiv issues a detailed legal opinion.
Now the main task of the applicant remains either to propose these conditions to the future employer, or to think about finding a new place of work with more acceptable conditions of cooperation.
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