All sectors of the modern economy are quite complex structures with their own rules. Including labor market and labor relations. The requirements of this system include the execution of certain documentation, compliance with regulations and legal frameworks. The main guarantor of the above is a contract or contract. The parties to the employment contract assume clearly defined obligations by putting their signature on the contents of the document. This article addresses the issue of labor relations in more detail. Below you can familiarize yourself with the content and documentation, as well as the obligations of the parties to the employment contract.
The concept of an employment contract
Contractual relations can be observed in all spheres of life in modern society. Also, the relationship between the employee and the employer is fixed by a special type of document. They call it an employment contract, a contract or a contract. Its essence is to determine the boundaries of professional competence, duties, arbitrariness of each of the parties, guarantee the safety of property, health, and other aspects of corporate ethics and labor legislation.
Justification of the need for this document
The need for execution of an employment contract for the parties is undeniable from many points of view: compliance with the law, guarantee of safety of property, compensation for losses and harm caused to health, social guarantees, fulfillment of obligations and much more. Without a properly drawn up employment contract, the parties are absolutely not legally protected from unforeseen unpleasant situations. It is this document that makes it possible to prove in the trade union, as well as in court, their rightfulness and receive legal compensation.
Is it always made out
Making an employment contract is no longer an innovation. Although many still do not know about it. Earlier, namely until 1992, it was allowed to conclude an employment relationship orally. At the same time, employment was recorded only in the employee’s work book. Then came the law governing the execution by the parties of the terms of the employment contract. In addition to legal force, it has one more practical value. It is in this document that the operating mode, duties, and also the harmfulness and danger of work are prescribed. Based on these indicators, subsidies, allowances, allowances, additional vacation days are calculated. It is impossible to prove your right to these bonuses without the information recorded on paper.
Varieties of agreements between the parties
There are several types of agreements between parties to an employment contract:
- Urgent. The employer knows for what specific period he needs this employee. For example, an employee went on maternity leave and it was during this period that he needed a replacement.
- Perpetual. This type of relationship has no time frame. The employee gets a job and works until both parties to the employment contract decide to terminate them or one of the parties violates the terms of the document.
- With an unspecified deadline. This type of contract is executed in cases where the employee has a certain, clearly specified scope of work. At the same time, the employer does not know for what period of time the employee is able to fulfill them.
Who are the parties to the contract
Any contractual relationship is possible only if there are two or more parties. So what parties can an employment contract have? Usually, two persons act in this capacity: one physical (employee) and one legal (employer). This model of labor relations is most often found on the market. However, there are cases when there can be three or more participating persons. For example, when an employee gets a job in a subsidiary of a holding company. In this case, the employment contract may include the main organization, the branch, and the employee himself. Another option with three or more parties is to employ an employee using specialized outsourcing companies or the state labor exchange.
Content of the employment contract
The form of an employment contract or contract is drawn up depending on the vacant position and the needs of the organization itself. At the same time, it must meet the basic requirements of labor legislation, providing the employee with decent wages, the right to rest, social benefits, leave and other nuances provided by the government. In most cases, the list of items in the contract is as follows:
- description of the parties and content of the employment contract;
- work schedule, salary, break, way of work, the right to leave and sick leave;
- characteristics of the work performed;
- rights;
- responsibilities;
- material liability;
- social and professional benefits;
- Force Majeure;
- data of the parties, details, signatures and stamp.
Rights and obligations of the parties to the contract
One of the most important points from a legal point of view is the rights and obligations of the parties to an employment contract. In the body of the document, it can be divided into separate subparagraphs for each of the participants. It is this section that guarantees both parties the safety, legality of the transaction and the opportunity to prove their case. The rights of an employee are usually ranked as follows:
- the right to rest, social benefits, paid sick leave and basic leave;
- the right to take advantage of additional leave at your own expense;
- right to a regulated working day;
- the right to cooperate with other departments and employees in order to fulfill labor duties;
- the right to participate in the discussion of issues and options for their decisions.
The rights of the employer include:
- the right to recover material damage caused by the employee;
- the right to bonuses, fines, and the use of other methods of incentives and sanctions against the employee as provided by law.
It is important to correctly describe the responsibilities of each of the parties. In most contracts, you can find typical subparagraphs. For example, for an employee, they are as follows:
- full scope of work on time;
- compliance with fire safety and behavior at the workplace;
- compliance with corporate policy, labor requirements, job description;
- compliance with the law.
The employer, in turn, undertakes to the employee:
- pay for labor in a timely manner and in full;
- comply with legal requirements;
- provide an equipped workplace;
- ensure the safety of the team;
- notify employees in advance of any changes made.
Responsibility of the Parties
In the process of doing business, various situations may occur. Some of them happen due to the fault of the employee, others are to blame for the employer, others have occurred due to force majeure events. Both parties should understand that unlawful actions may entail a certain degree of responsibility. In some situations, the material liability of the parties to the employment contract is sufficient; others require the intervention of law enforcement authorities.
An employee can get off with a fine, reprimand, or, finally, dismissal in the following violations:
- violation of the work schedule, discipline, chronic lateness and absenteeism;
- violation of safety and fire safety without harming the health and property of others;
- non-fulfillment or improper fulfillment of their direct labor duties;
- attending work while intoxicated.
The following list contains situations in which authorities and courts are involved:
- theft, theft of property of the organization;
- damage to property;
- negligence in the workplace, resulting in harm to the health of other people.
The employer, in turn, is also responsible to the employee: for the timely payment of salaries, compliance with labor standards, ensuring safety, changing the labor contract by the party without coordination, and other issues, depending on the specifics of the work. In order to hold the employer accountable, the employee must contact the labor protection inspectorate, trade union or arbitration court.
Modification of the terms of the contract
In some situations, it is necessary to change one or more points in the employment contract:
- change of management, details, legal and actual address;
- transfer to another position, expansion of professional duties;
- reorganization of a legal entity;
- transfer of an employee to another department or branch.
There may be other points. Change by the parties of the terms of the employment contract can occur in two ways:
- termination of the original contract and conclusion of a new one;
- execution of an additional agreement to the employment contract.
Both ways have the right to life, but more often they use an additional agreement. The renewal of the main labor contract entails the cancellation of the seniority at this enterprise, which does not have the best effect on the amount of insurance payments, trust on the part of credit and financial institutions to the employee, retirement experience and other issues.