Labor contract (agreement) — a mandatory attribute of formal employment, which seeks to address all issues of relations between employer and employee, as well as to protect the rights and define the obligations of the parties.
- 1 Why you need an employment contract and what it consists of
- 2 who and Who signs the employment contract
- 3 Types of employment contracts and the conditions of their signing
- 4 what language should be drafted employment contract
- 5 What documents are required for signing employment contract
- 6 Sample employment contract 2019
- 7 How to understand that in the contract there is no hidden terms and legal tricks
- 8 What problems can arise from the parties making the contract
- 9 Conclusion
Employment contract (contract) is a document, a bilateral agreement between the employee and the employer, stating the basic rules of their cooperation. Such securities comprise virtually all businesses that take on employees, making them official.
Why do we need a contract of the company, if for official work will have to pay a tax, to be responsible for him, to perform some duties before him, if it is possible to exploit “labor” in the shadows? It’s simple — the contract is aimed at protecting the interests of not only the employee but also the employer. The contract is designed, at a minimum:
- to insure the company from possible “stocks” of the employee;
- to create the image of a reliable and professional company, whereby it will begin to “catch” more professional employees, investors, partners.
The rejection of the “shadow system” is gradually gaining popularity, thus strengthening the economy of Ukraine. The tax structure record growth in the financing of the budget from the enterprises, which can not speak about progressive trends. The working class in Ukraine are beginning to appreciate, and work to adequately assess and financial reward.
Why you need an employment contract and what it consists of
For formal employment between natural and legal person is required to draft the employment contract to protect rights and those of others. The employment contract spells out the rights and obligations of the parties, for example:
- the number of working hours;
- the scope of work to be performed by the employee for a certain time;
- requirements for the quality of work performed by the employee;
- working conditions, including equipment, its quality (everything should be according to the standards of the labor legislation);
- the amount of cash remuneration (salary), the timing (date) of payment;
- paid vacation, sick, etc.
Important: any contract should have a clause about non-disclosure of confidential data.
Some employers also contribute to the contract a number of provisions designed to protect the company from negative influences that may be done by the employee, for example, imposes liability for damage to property, the “leak” of sensitive information, absenteeism, substandard performance of duties, violation of corporate discipline, subordination, etc.
In turn, employees can also make changes to the document. For example, they may determine the liability of an employer for late payment of salary (to impose sanctions and overpayments), to strictly define their duties and equipment, which they will perform them (providing a kind of insurance personnel, even from the banal replacement of a new machine the old one), etc.
Anyone who signs an employment contract
Many people mistakenly believe that the employment agreement is drawn up between the employee and the Director of the company. This is not so. According to Kzpp Ukraine (article 21), the labour contract is made between a natural person and:
- FOP (natural person-entrepreneur);
- a legal entity (enterprise, organization, etc.);
- another natural person, the leading business activity.
Signatures under the document put the individual and the authorized representative of the employer, most often, it is the leader, Director.
Detailed information itemized in Chapter 3 of the Labor code (Kzpp) of Ukraine “contract of Employment”. There fully reveals the essence and peculiarities of employment contracts.
Types of employment contracts and the conditions of their signing
Depending on the long term, an employment agreement (the document) could be:
- open-ended (most often, such contracts provide for the conditions under which it loses its strength; used mainly at manufacturing enterprises);
- time-limited (short-term, temporary type), a very popular type of contract in which clearly limited the terms of cooperation, examples of usage: between the football club and the player, between the artist and the producer;
- to achieve specific purposes (e.g., to perform construction works, to harvest (agricultural enterprises very often enter into such agreements), new project, etc.).
There are such contracts, which provide for a probationary period, the presence of liability for damages, etc. some samples can be compiled under a collective agreement, if the work is accepted by the collective (popular on a temporary basis to achieve a certain goal).
Points in the contract can be quite a lot, so how many criteria there are, so many varieties (subspecies) of labour contracts may exist. For example, there are items relating to the dismissal of an employee. Depending on this factor entails the following contract:
- cannot quit on their own initiative.
- certain reasons for dismissal (e.g., failure of payment, breach of contract);
- uncertain the reasons for the dismissal of “free contract” where each party may terminate the agreement at any time and for any reason;
- compensation in case of dismissal by the employer without such;
- with penalties for voluntarily dismissal without such.
According to some contracts, you can work on two jobs at the same time and officially. It concerns the conditions of work at a specific company, for example, in the presence of the incomplete working day, or when the employee goes to work for a day or two.
The employment contract can be signed only with the agreement of both parties. It can be terminated by one party, but only as provided by the order and in specific cases. Sign the agreement only the person who has reached 16 years of age, or with parental consent (14 to 16). It is also worth considering that the legislation limits the minimum age for certain types of work — 18 years of age.
What language needs to be drafted employment contract
Employment contract you need to sign in the Ukrainian language. This is due to several factors. First, according to experts, there are problems at the legislative level, in particular law No. 8312, which the constitutional Court of Ukraine recognized unconstitutional. Unstable linguistic norms and rules on the background of military action against Russian aggression, can become harder and it will bring a lot of trouble, for both the employer and the employee.
Secondly, the official language is Ukrainian, respectively, and the documentation had to be conducted in the Ukrainian language.
What documents are required for signing employment contract
To contract you need a passport and a work book. Other documents may require the employer in accordance with the nature of work performed and in some other cases (for example, if the work of taking disabled). This may be a medical certificate about state of health or diploma (other document confirming the qualification).
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The procedure of signing a standard: their “autographs” the parties shall in both instances, one is the employer, the second employee. After signing the agreement, prepared the corresponding order on the hiring of a new employee. Without the decree, the employee may not leave.
Sample employment contract 2019
Most often, during the reception of citizens to work use a standard agreement, which already spelled out the rights and obligations of the parties. For the presentation of such documents does not take much time. Special free fields fits:
- information about the parties;
- position (e.g. handyman for construction works);
- type of work (full, part-time, part-time, remote);
- date of commencement of the work, etc.
Typical error of such contracts is lack of adaptation for a specific situation. For example, if the employer wants the employee, his probationary period did not show their competence, but simply free labor, and the contract for the job and did not get.
The employment contract require special clearance by the legal Department of a particular company. Paragraphs should be written clearly and in understandable form. Good agreement should not be questions of any one employee. The padding field must be in the range of 10-15 minutes.
How to understand that in the contract there is no hidden terms and legal tricks
Normal working, often not familiar with legal terminology and difficult specialized language, therefore, before signing the employment contract, there can be some problems. Especially it concerns those businesses that like instead of a few pieces of paper to make the entire book.
To read the agreement closer, right into slavery to get a short time, you can copy the document go to a solicitor or other professional who deals in such securities. You can also download the forms of typical contracts, review them and compare your paper.
Download form employment contract from official government sources, as well as the popular legal sites, which, if anything, you can ask for help online.
It is worth noting that the reception staff can be carried out with violations. This means that the form of the document the employer does not meet any requirements and has no legal force. This can be done either deliberately to deceive the worker, and irresponsible. This again actualizes the need to check the document.
If the employer accidentally made a “bad” contract, hiring even employee-cashier can turn to the company’s collapse, because he was, in fact, is not responsible for the activities at the facility.
What problems can arise from the parties making the contract
There are a number of pitfalls that occur when drawing up contracts. One of the biggest scandals emerge concerning the employment of minors. Fake passport of boys or oversight of the HR Department can lead to high-profile litigation.
Some employers like to cheat. For example, “free” courses and training in the internship period can be some paid. These are companies that are not afraid of employee turnover and used to make inexperienced beginners. Therefore it is necessary to specify even the little things in the contract.
Concurrent employment (form of secondary employment), also often acts as a stumbling block. Extra money needs to register, because some employers want their employees gave the company 100% of its forces, but it so happens that an employee works extra. This could cause a scandal and search of ways to terminate the contract. It should be noted that “undermining” is also needed of the contract.
Ukraine is a country of opportunities to “shadow barons”, where official employment is practiced very often, and informal can be found at every step. This is because no one wants to pay taxes.
But things are slowly changing, coming out of the shadows, becomes the “official” face. Thus, effective code, which regulates the employment of citizens, controls the fulfillment of obligations of the parties (employer and employee) specific contracts.
Execution of documents for employment extremely difficult process, as the written contract — legal “insurance” that can protect the rights and specify the obligations of the parties. To the employment contract many requirements, so do not take this paper as a formality.
Before completing the document, the applicant should carefully subtract all the points on which he agrees. If something is confusing or unclear, you should seek help from a specialist.