Types of employment contracts. Distinction between an employment contract and an employment agreement

Labor relations in Ukraine are regulated by the Labor Code of Ukraine and other normative legal acts. One of the key documents defining the rights and obligations of the parties is an employment contract or employment agreement.

Below we will consider the main types of such documents, their features, as well as make a clear distinction between them to help you better understand your rights and obligations in the field of work.

What is an employment contract, its types?

An employment contract is a document according to which the employee undertakes to perform work according to a defined labor function, and the employer undertakes to provide him with proper working conditions, wages, social and other guarantees.

There are several types of employment contracts, which are classified according to different characteristics:

1. According to the validity period:

• Open-ended: concluded for an indefinite period.
• Fixed-term: it is concluded for a certain period, which cannot exceed 5 years.
• Defined: contracted to perform certain work or temporarily replace an absent employee.

2. By place of work:

• Contracted at the enterprise: the employee works on the territory of the enterprise.
• Worked at home: the employee performs work at home.

3. By nature of work:

• Main: arranged to perform the main work.
• Co-operative: arranged to perform work on co-operative conditions.
• Seasonal: contracted to perform work related to a certain season.

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What is an employment agreement?

An employment (civil-law) agreement is a document that regulates the relationship between the customer and the executor, where the executor undertakes to perform certain work (provide a service), and the customer undertakes to pay for this work.

What is the essential difference between an employment contract and an agreement?

The main differences between these two documents are as follows:

1. Legal regulation:

• the contract is governed by labor law;
• the agreement is governed by civil law.

2. Subordination:

• the contract provides for the subordination of the employee to the employer's internal labor regulations;
• the agreement does not provide for subordination, the performer independently organizes his work.

3. The nature of the relationship:

• the contract forms an employment relationship where the employee is integrated into the employer's production process;
• the agreement provides for the provision of services or the performance of a specific task without integration into the production process.

4. Guarantees and benefits:

• the contract provides the employee with social guarantees provided for by labor legislation (vacations, sick leave, pension contributions, etc.);
• the agreement does not provide such guarantees, the parties independently determine the terms of performance and payment of work.

5. Responsibility for the result:

• the contract is aimed at the work process, where the employee performs his duties within the established working hours;
• the agreement focuses on the end result of the work performed or the service provided.

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Our law firm will help to write an employment contract and agreement competently and qualitatively

Are you looking for help in drafting an employment contract or agreement? Contact our law firm! We have the experience and knowledge to help you write a competent and high-quality document that will meet all the requirements of Ukrainian legislation.

Our lawyers:

• Consult on all issues related to the employment contract and agreement;
• They will help determine the type and term of validity of the contract;
• They will draw up a document that will meet your interests and needs;
• Make sure that the document does not contradict the provisions of the current legislation.

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