Labour Code is a written agreement between a person who gets a job and the employer when hiring an employee.The procedure for concluding an employment contract governed by labor law, which defines the rules and conditions under which this document may be signed.In general, an employment contract can be called legal registration of the so-called mutual rights and obligations relating to both the employee and the employer.
employment contract shall be concluded at the moment when the employer hires a new employee.It is important to remember the observance of certain rules, without which the order of conclusion of the contract will not be considered legitimate and can be appealed by either party.Firstly, it is important to observe the form of the document - it is always in duplicate in writing, each of which is signed by both parties to the agreement.Secondly, the document should be taken into account all the conditions that an employer or employee deem important.These may include specific place of employment, a clear indication of labor functions, start and end date (in the case of concluding a fixed term contract) work.All of these items, as well as those that will be specified by the parties must be made in writing - otherwise it will be unlawful.
Of course, the procedure for concluding an employment contract, as described in the labor legislation, does not control and is not a single sample of the document, but there are some points that must be present in the labor contract is always:
- Preamble (often referred to simply as "cap"), which sets out the personal data of the parties entering into an agreement for employment - full name and patronymic employee, the name of the employer (or last-name-first name of the employer, who is representing or individual);
- subject of the contract, including all the conditions referred to above, and those that the employee or the employer deems it necessary to include in the document.Moreover, in this part of the contract always specifies the form of the agreement entered into - or indefinite-term regulating the work on the main site or in combination.Also in this section at the time of conclusion of the contract (if urgent) specifies the date of the start and end of work;
- directly to the content of the contract showing all the details of the agreement, including the mention of the presence of the probationary period, working conditions, basic rights and duties of future employee;
- work and rest - one of the most important parts of the treaty on employment, regulated by the legislation is very clear, so all the details of the agreement on this point, if they differ from the common set of rules in the organization should be registered to the smallest detail;
- also in the contract are required to specify the conditions of remuneration (including not only the salary or wage rate, but also the possible bonuses, allowances and additional payments), all guarantees and compensation (including benefits, social insurance and workers' compensation), as well as specific rightsand obligations of both parties.
procedure for the conclusion of an employment contract and receiving the employee to work the following: first, the employer signs the order (order) on employment, the basis for which is written by the employee a statement, after which directly comes the signing of an employment contract and registration of which is fixed the correspondingin the workbook.In addition, the future employee must provide the personnel department of the enterprise specific documents, which primarily includes a passport or any other identification document.
Unfortunately, very often in our country, the reception staff at work is carried out with violations of the law when the order violated the employment contract, arbitrarily changing the shape or the important points are eliminated.Moreover, many employers generally prefer to hire employees without making the contract, which is a serious violation of a fundamental human right - the right to paid work.
