Legal consultation on the employment contract

An employment contract is an agreement between an employee and an employer that defines their rights and obligations. It is the basis of labor relations and guarantees compliance with the legitimate interests of both parties.

In what cases can you sign an employment contract, with whom?

An employment contract can be signed in many cases when there is an employment relationship between an employee and an employer. Here are some of them:

1. Recruitment. This is the most common case when an employment contract is concluded. When you are employed at a new place of work, you enter into an employment contract with the employer, which defines your rights and obligations.
2. Transfer to another job. If you are transferred to another job at the same company, it may be necessary to conclude a new employment contract if your job duties, working hours or other significant working conditions change.
3. Renewal of the employment contract. If your employment contract ends, but you want to continue working at the same place, a new employment contract can be concluded.
4. Changing a fixed-term employment contract to an indefinite one. If you have successfully passed the trial period under a fixed-term employment contract, you can ask the employer to enter into a permanent employment contract with you.
5. Other cases. An employment contract may be concluded in other cases provided for by law, for example, when performing the duties of an absent employee temporarily, when performing seasonal work, or when performing work of a temporary nature.

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With whom can I sign an employment contract?

An employment contract can be signed with any natural person who has reached the age of 16 (or 14 years for some types of work) and has the appropriate qualifications. It can be a citizen of Ukraine, a foreigner or a stateless person.

It is important to note that:

• An employment contract cannot be concluded with persons who have limitations in legal capacity.
• Foreigners and stateless persons who want to work in Ukraine must have an appropriate work permit.

There are several types of employment contracts:

1. Term: concluded for a certain period defined in the contract.
2. Open-ended: concluded for an indefinite period.
3. Probationary: for a period of up to 3 months to assess the professional suitability of the employee.

Basic nuances when signing an employment contract

When signing an employment contract, it is important to pay attention to the following nuances:

• Parties to the contract: surname, first name and patronymic, place of residence of the employee and the employer.
• Subject of the contract: the position for which the employee is employed, his work duties.
• Term of validity of the contract: date of commencement and termination of the contract.
• Remuneration: amount of wages, allowances, additional payments, other payments.
• Work mode: start and end time, breaks, work schedule.
• Rest and vacations: types of vacations, their duration.
• Social guarantees and benefits: provision of housing, medical care, other benefits.
• Liability of the parties: liability of the employee for damage caused to the employer, liability of the employer for damage caused to the employee.
• Grounds for terminating the contract: the grounds on which the employee or the employer can terminate the contract.

Why is it important to consult a lawyer when drawing up an employment contract?

An employment contract is a legal document that defines the rights and obligations of the employee and the employer.

There are several reasons why it is important to consult a lawyer when drawing up an employment contract:

1. Understand the content of the contract. A lawyer will help you clarify all the provisions of the contract and their consequences. Some provisions of the employment contract can be difficult to understand, especially if you do not have a legal education. A lawyer can explain legal terms and concepts to you so you can be sure you understand what you’re agreeing to.
2. Protect your rights. A lawyer will help you include in the contract all the necessary provisions that will protect your rights and interests.
3. Avoid mistakes. A lawyer will check the contract for compliance with the law and help you avoid mistakes. Mistakes in an employment contract can lead to serious legal consequences, such as losing your job, paying fines or paying damages.
4. Defend your interests. In case of a dispute with the employer, a lawyer will help you protect your interests in court. The attorney knows labor law and has experience in handling court cases, which will help you get a fair decision.

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In addition to the above, a lawyer from “Prykhodko and Partners” can also:

• Help you negotiate with the employer about the terms of the employment contract.
• Advise you about your rights and responsibilities as an employee.
• Provide you with information on how to resolve employment disputes.

By contacting our expert, you can be sure that your employment contract will be drawn up correctly and will protect your rights as much as possible.

If you need a consultation or want to know its cost, fill out the form below.