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Employment contract or agreement? HOW TO MAKE A labor relations.

Actual tolerance employee to work without registration of an employment contract (contract), admission to the work of foreigners or stateless persons and entities in respect of which the decision on processing the documents for resolving the issue of granting refugee status under the terms of the employment contract (contract) without permission the employment of a foreigner or a stateless person - entails a fine on officials of enterprises, institutions and organizations regardless of ownership, individuals - entrepreneurs, using hired labor, from five hundred to one thousand non-taxable minimum incomes of citizens.

Repeated throughout the year the commission provided disorders often entails imposition of penalty on officials of enterprises, institutions and organizations regardless of ownership, individuals - entrepreneurs, using hired labor, from one thousand to two thousand non-taxable minimum incomes of citizens (34,000 uan.)

In the context of the existing labor market in Ukraine, having got into a situation where we are forced to look for jobs not only by profession, but also any other suitable employment, often we do not pay proper attention to what we are asked to sign a document at registration of labor relations.

It takes time, and later you may find that some important points are not taken into account. Thus, we become hostages of the situation, rather, are paying for their carelessness and negligence. It is therefore important to understand the implications of the signing of certain documents at registration of labor relations.

More often than not, in practice, employers with employees conclude employment contracts or labor agreements. Consider the most characteristic differences and legal implications of the signing of these documents.

The procedure for entering into an employment contract is governed by the Code of the Ukraine (hereinafter - the Labour Code), in accordance with Article 21, which the labor agreement is an agreement between the employee and the owner of the enterprise, institution, organization or body authorized by it or physical person - entrepreneur (hereinafter - the owner) under which the employee undertakes to perform work defined by the treaty, according to the internal labor regulations, and the owner shall pay the employee wages and provide working conditions necessary to perform the work under the labor legislation, collective agreement and the parties' agreement.

The labor agreement is essentially a civil contract, ie, work contract or the provision of services and is regulated by the Civil Code of Ukraine (hereinafter - CC). According to the contract, in accordance with Article 837 of the CC, one party (the contractor) undertakes at its own risk to perform some work on the instructions of another party (the customer), and the customer is obliged to accept and pay for the work performed.

Thus, the conclusion, performance and termination (termination) of the labor agreement is governed by civil law legislation, and the labor contract - labor legislation. Thus, one type of contract can not apply the rules that govern other kind of contract.

Analysis of the provisions of legislation of Ukraine makes it possible to identify certain differences between the two kinds of the above-mentioned agreements.

A person who performs work under an employment contract, receives a status of "employee" and is subject to guarantees, benefits and compensation, certain labor laws. Under the labor agreement (contract or a contract for services), the person will become a "contractor" or "artist" with the rights defined by civil law and the relevant contract.

The employment contract the attention concentrated on the process, rather than the final result. The owner as it "buys" the im

plementation of a permanent employee of the so-called "work function" - the work of a certain profession, specialty, qualification. An exception can only be considered the conclusion of fixed-term contracts for the duration of a specific (ie specifically defined in the agreement) of work (Art. 23 of the Labor Code. However, fixed-term contracts are concluded only when the employment relationship can not be established for an indefinite term Given the nature of the work or the conditions of its performance.

For the labor agreement (contract), it is important to have a final result. The subject of the contract is to perform a specific, definite work contract (Service) operation and the transfer of its results to the customer, ie, work is one-off, and the customer, as a rule, are not interested in what way the end result will be achieved in the implementation of the ordered work.

In an employment contract the employee is obliged to comply with the rules of internal labor regulations that, for example, will determine the duration of working time, the start and end of the working day, rest periods, etc. On the artist under contract such requirements do not apply. The customer only acquires the right at any time to check the order and quality of work without interfering with the work of the artist.

Remuneration under an employment contract is guaranteed. Wages are paid within the period specified in the collective agreement, but at least twice a month through the period of time that does not exceed 16 days (art. 115 of the Labor Code), and the delay of salary payment can cause the application to the head of the sanctions as defined by the legislation. In addition, the state guarantees the worker that the salary can not be less than the minimum wage set by the laws of Ukraine, as well as payment for work at night, on weekends, holidays and days off, overtime, etc. It carried out by legally defined standards.

At the conclusion of contract performer receives remuneration for the work performed, the amount and manner of payment is determined by the parties in the contract by mutual agreement. Legal guarantees concerning the remuneration of persons who work under contract, the remuneration shall not apply. Of course, in the work contract can be provided that the award will be paid after the final did not do the work and transfer it to the customer, but in stages, which would make the remuneration partly similar to the payment of wages. But in any case the term of payment will depend on the period of performing a certain part of the work specified in the work contract (services).

Legislation on labor duty to provide the working conditions necessary for the job, the responsibility of the owner (Art. 141 of the Labor Code). That is, the employee receives all the necessary for the job, a certain employment contract: the workplace, the necessary materials, equipment, tools, in particular - cases, remedies and health, etc ..

Under a contract artist in the process of using their material and their means, unless otherwise expressly stipulated in the contract.

When hiring an employee under an employment contract must provide the documents specified in Article 24 of the Labor Code: passport, work book (if any), in some cases, the legislation - the document on education, health certificate and other documents. It also provides a certificate of identification number and a certificate of compulsory state social insurance. On the basis of the submitted documents and stat

ements of the employee or the owner shall issue an order on the adoption of an order to work, and even if such an order (order) was not published, the employment contract is concluded with the de facto admission of the employee to work (art. 24 of the Labor Code). The work record an entry on the hiring, and all the work is enlisted in the seniority.

Under the labor agreement (contract or a contract for services) Employment records on the implementation of the work is not paid, and the period of performance shall be entered in the work experience that gives you the right to retirement pension, but subject to the payment of insurance premiums.

The employment contract may be concluded in oral and in writing, but in Article 24 of the Labor Code are specified the cases in which the observance of the written form is required. For example, if in the written employment contract worker insists; work is carried out in areas with special natural geographical and geological conditions and terms of increased health risk; at the conclusion of the contract, and others.

Contract is in any form. If the parties agreed on the written form, the contract will be considered concluded from the moment of its signing by the parties.

The employment contract, as a rule, is of indefinite duration, except where the employment relationship can not be established for an indefinite period, depending on the nature of the work performed, the conditions for its implementation or the interests of the employee. For example, fixed-term employment contract is performed hiring during the absence of the employee on leave to care for a child under the age of three, because this type of holiday can be interrupted by an employee at any time. However, if an employee with a fixed-term contract, which is to renew one or more times, or after the expiry of fixed-term contract or one of the parties does not demand its termination, the contract is concluded

(continued) indefinitely.

Contract can not be concluded for an indefinite period, it is always urgent, and after the operation, and the expiration date specified in the contract, the employee will have no reason to require the continuation of relations.

An employee in hiring can be found testing to verify its compliance with the assigned work, which is necessarily indicated in the order (order) on hiring (Art. 26 of the Labor Code). The probation period may not exceed three months (in some cases, in agreement with the trade union committee - six months), and for the workers - one month. If it is determined the discrepancy between the employee, which he accepted, the owner has the right to fire him for the duration of the test.

The test at the conclusion of contract (services) contractor (the performer) is not installed.

The worker must carry out the work defined the employment contract in person (Art. 30 of the Labor Code), and the Executive under the contract shall have the right, unless otherwise provided by the contract, to bring to fulfillment the work of others.

The legislation on labor and workers' rights provided for rest. In addition to the weekend, provides a range of paid leave (annual primary and secondary leave, in connection with training, special leave). Such guarantees do not apply to performers working under contract (contrac

t for the provision of services).

Workers hired under an employment contract shall be subject to compulsory social insurance contributions are paid, the company that provides further assistance payments in the event of temporary disability, pregnancy, maternity leave and child care until the child reaches the age of three, assistance in connection with the birth Child and burial.

Those same who perform work under contract, participate in obligatory state social insurance on a voluntary basis, which does not generate the automatic payment of aid, referred to above.

The same principle exists payment of insurance premiums in the event of unemployment.

For non-fulfillment of labor duties worker who works under an employment contract may be brought by the owner to disciplinary action, and for the material damage as a general rule the worker shall be limited financial responsibility (no more than the average monthly wage), except in cases when the Code of Labour Laws Ukraine further stipulates full liability.

For failure or improper fulfillment of the obligations under the contract executor carries civil liability, which sets rules for the application of the CC (penalty, fine, penalty, compensation, etc.).

Labor legislation on the ownership of an enterprise responsibility to create a safe and friendly working environment (work). A worker who took on the position of the labor contract has the right to refuse to perform the work entrusted to him, if you create

a production situation dangerous to life or health or the life and health of the people who surround him. For his work in difficult and hazardous conditions of labor law is set benefits and compensation; protected by the work of women and persons under 18 years of age and etc.

According to the contract in the civil law requirements regarding the establishment of the customer safe and friendly work environment is not provided.

The employment contract is terminated only in the manner specified by the Labour Code, an employee in the workbook an entry of dismissal. Contract terminated after work and transfer it to the customer, what is drawn up, signed by the parties.

It should be noted that the above list of differences between the employment contract and the employment contract is not exhaustive. So, do not forget that the understanding of the legal nature of these two treaties, their proper application - guaranteed to avoid misunderstandings between the parties in the future.

However, disputes arise, and the people who perform the work under the contract or the provision of services and does not understand the consequences of signing it such agreements, apply to the court's refusal to grant leave, pay sheets of temporary disability, making entries of work work record, etc. However, it should be noted that the mere fact that the document was signed, is called "employment agreement" does not mean that the relationship between the performer and the owner of the works were civil in nature. If the court finds at least some evidence that the relationship had signs of labor relations (the owner, to familiarize employees with working conditions, required signatures, workers are obliged to implement and comply with internal regulations and the agreement stated that the employee must adhere to production discipline, technology security and fire safety, if there is an order in which the specified amount of wages, or the name of an employee is in the timesheets and he regularly paid salaries), the court is required to protect the rights of the worker.

Foreign nationals to be able to work in Ukraine must obtain a special permit.

If you do not want to have problems with its employees in the future, it is better to arrange your relationship correctly.

You agree that it is better to pay a little money for such legal work than to lose much more and put the entire business at risk.

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