The state creates all conditions for citizens to fully exercise the right to work with the guarantee of equal opportunities when choosing a profession. He also makes every effort to implement vocational education, training and advanced training programs in accordance with the needs of society. Like all economic and labor relations, the relevant contracts govern it. The types of contracts of this type may differ in essence, which will be discussed in this article.
Contracts - agreements that are formally recognized by civil law with the provision of legal protection. The system of contracts has always had a closed structure, in which no other agreements were allowed without recognition by civil law. These agreements were not of a legal nature, however, derogations are still sometimes permitted by modern law.
A bit of history
Contractual Roman law refers to the mechanisms of the first global legal society of commodity producers. Contractual contracts are the types of contracts that served as a fairly reliable tool with the help of which rather cruel exploitation of the lower stratum of the population was carried out. At the same time, such agreements were the main legal form responsible for the huge turnover and economic life of Ancient Rome.
With the development of commodity relations, absolutely all relations were subject to such legal influence: trade, economic, etc. It was with the Romans that contracts (types of contracts) acquired a certain systemic form, which provided a reliable basis for any business relationship. The Roman contracts are the result of continued development, as well as thoughtful and painstaking analysis with the selection of the necessary praetor practices.
Modern contractual relationships and contracts
The types of contracts are represented by completed transactions in a bilateral manner, where the will of both one and the other should be expressed. The main direction in concluding contracts should be the determination, introduction of amendments or the final termination of both rights and obligations. When expressing the will of both parties in the contract, it is a manifestation of mutual agreement.
Thus, contracts are an agreement from two or more persons concerning the fulfillment of a certain action or the abstention from its fulfillment.
Types of Labor Contracts
As mentioned above, in addition to concluding contracts between business entities (contractors), there are contractual relations between employees and the enterprise, fixed by the labor contract.
So, an employment contract is an agreement between the owner of the business entity (enterprise) and the employee, according to which the latter undertakes to qualitatively perform the work specified in this agreement, to comply with the internal routine. The duties of the enterprise include the timely payment of wages and the provision of safe working conditions necessary for work, provided for by applicable law, agreement of the parties and the collective agreement.
In what form are contracts executed?
The concept and types of, for example, employment contracts are summarized in this article. However, the following clarifications must be made.
The main form of concluding an employment contract is written. Compliance with this particular form is mandatory when:
- organized reception of employees;
- conclusion of employment contracts at enterprises located in an area with special geological and geographical conditions, as well as conditions with an increased risk to health;
- conclusion of a contract;
- insisting that employees conclude labor contracts in writing;
- conclusion of contracts with minor citizens.
When concluding an employment contract, a citizen must present a passport or an identity document, a document of education and a work book. If the applicant has this first place of work and the work book is not available, then the list of documents provided includes a passport and a diploma of education.
Company Responsibilities
The duties of a business entity before concluding an employment contract include:
- explaining to the employee his rights and obligations, informing him about working conditions against receipt, as well as the presence of harmful and dangerous factors of industrial significance at the prospective workplace, his rights to use benefits and compensation for working in these conditions in accordance with applicable law and the collective agreement;
- familiarization of the employee with the labor regulations of internal significance and the collective agreement;
- determination of a workplace for an employee with the provision of necessary means;
- instructing employees on safety, as well as occupational health and fire protection.
Forms of employment contracts
Types of agreements (contracts) with employees are divided according to their validity period, namely:
- unlimited, concluded for an indefinite period;
- urgent, concluded for a specified period by agreement of the parties;
- thematic, concluded to perform a specific work.
A fixed-term labor contract is concluded when establishing labor relations for a specific period of time, taking into account the particularities of the forthcoming work or the conditions for its performance, as well as the interests of employees in the case provided for by applicable law.
Also, labor legislation provides for the conclusion of labor contracts for seasonal and temporary work.
Other types of contracts
In addition to these, there are also certain types of government contracts. This interaction of state bodies with business entities is confirmed by relevant agreements, the implementation of which is carried out for the benefit of a particular country.