Concept, types and Concept, types and order of an labor order of an labor

agreementagreement

FecitFecit вуву::students of lll coursestudents of lll course,,

Credit and Economics facultyCredit and Economics faculty, , ggroup 4, roup 4,

Demyanenko DashaDemyanenko DashaHorkovenko JuliaHorkovenko Julia

Labor agreement- is an agreement between the Labor agreement- is an agreement between the employee and the owner of the company, employee and the owner of the company, institution , organization or its authorized body institution , organization or its authorized body or physical person under which the employee or physical person under which the employee agrees to do the job specified in this agreement, agrees to do the job specified in this agreement, obey to the internal labor regulations, and the obey to the internal labor regulations, and the owner of the company, institution , organization, owner of the company, institution , organization, or its authorized body or physical person agrees or its authorized body or physical person agrees to pay employee his wages and provide the to pay employee his wages and provide the conditions necessary for the execution of work conditions necessary for the execution of work stipulated by law on Labour, collective stipulated by law on Labour, collective agreements and agreement of the parties.agreements and agreement of the parties.

Article 21. Labor Labor agreement

An employee has the right to realize his or her potential for productive and creative work by stacking labor agreement on one or simultaneously at several companies, institutions and organizations, unless otherwise provided by law, collective agreement or agreement of the parties..

Special form of labor agreement is a Special form of labor agreement is a contract in which duration of the contractcontract in which duration of the contract, ,

rights, duties and responsibilities (including rights, duties and responsibilities (including financial), terms of material supportfinancial), terms of material support and the and the conditions of work, conditions of terminating conditions of work, conditions of terminating the contractthe contract, including early, can be installed, including early, can be installed

by the by the agreement of the parties. Scope of agreement of the parties. Scope of the contract is determined by the laws of the contract is determined by the laws of

Ukraine.Ukraine.

Article 22. Guarantees in conclusion, amendment and termination of the labor agreement

It is prohibited unreasonable refusal to hire.It is prohibited unreasonable refusal to hire. According to the Constitution of Ukraine, any According to the Constitution of Ukraine, any

direct or indirect restriction of rights or granting direct or indirect restriction of rights or granting direct or indirect privileges at the conclusion, direct or indirect privileges at the conclusion, amendment and termination, depending on their amendment and termination, depending on their origin, social and property status, race and origin, social and property status, race and ethnicity, gender, language, political opinions, ethnicity, gender, language, political opinions, religious beliefs, membership in trade union or religious beliefs, membership in trade union or other association of citizens, occupation, place of other association of citizens, occupation, place of residence is not permitted.residence is not permitted.

Requirements about workers age, education Requirements about workers age, education level, health can be established by the legislation level, health can be established by the legislation of Ukraine.of Ukraine.

Article 23. Dates labor agreement

1. indefinite duration concluded for an 1. indefinite duration concluded for an indefinite period;indefinite period;

2. for a fixed period, installed2. for a fixed period, installed by by agreement of the parties;agreement of the parties;

3)3) CreateCreates for s for the duration of a the duration of a particular job.particular job.

Labor agreement can by:

Fixed-term employment Fixed-term employment contract is concluded when contract is concluded when the employment relationship the employment relationship can not be installed for an can not be installed for an indefinite period given the indefinite period given the

nature of subsequent work, nature of subsequent work, or the conditions of its or the conditions of its

execution or the interests of execution or the interests of the employee and in other the employee and in other

cases stipulated by cases stipulated by legislative acts.legislative acts.

Article 24. Conclusion of labor agreementArticle 24. Conclusion of labor agreement

1) 1) During the During the organized set of of workersorganized set of of workers ;;2) 2) During the concluding the labor agreement of work

in areas of special natural geographical and geological conditions and terms of increased health risk;

3) 3) at the conclusion of the contractat the conclusion of the contract;;4) 4) in cases where the employee insists on a contract in cases where the employee insists on a contract

in a writing form;in a writing form;5) 5) at the conclusion labor agreement with the minorat the conclusion labor agreement with the minor;;6) 6) at the conclusion labor agreement with the at the conclusion labor agreement with the

physical personphysical person 7) 7) in other cases stipulated by the legislation of in other cases stipulated by the legislation of

UkraineUkraine ..

labor agreementusually consist in written form . Compliance with the written form is mandatory:

During the conclusion labor During the conclusion labor agreement citizen must submit a agreement citizen must submit a

passport or other document proving passport or other document proving the identity, employment history, the identity, employment history, and in cases stipulated by law - and in cases stipulated by law -

also certificate of education also certificate of education (specialty, qualification) (specialty, qualification)

information about the health information about the health statusstatus and other documents.and other documents.

The conclusion of labor agreement issued by the order or instruction of the owner or its authorized body about enrollment the employee to the work .

labor agreement is concluded and if the order or instruction have not been issued, but the employee actually has been started to work.

Persons invited to work in the order of Persons invited to work in the order of transfer from another company, institution or transfer from another company, institution or

organization by agreement between the organization by agreement between the heads of enterprises, institutions оr heads of enterprises, institutions оr

organizations can not be denied to conclude organizations can not be denied to conclude the labor agreement .the labor agreement .

It is prohibited to conclude the labor It is prohibited to conclude the labor agreement with the citizen, who for the agreement with the citizen, who for the

medical opinion can't do his or her work for medical opinion can't do his or her work for health reasons.health reasons.

Article 24-1. Registration of labor agreement The labor agreement between the employee

and a physical person physical person or his or her by proxy notary authorized person shall within one week from the date of actual start of working register written labor agreement in the civil service employment by place of residence in the manner specified by the central executive agency, providing public policy in the areas of employment, social protection.

Article 25. Prohibition require for the conclusion labor Article 25. Prohibition require for the conclusion labor agreement some of the information and documentsagreement some of the information and documents

At the conclusion labor agreement is At the conclusion labor agreement is prohibited to demand from people prohibited to demand from people who come to work, information about who come to work, information about their party and ethnicity, descent, their party and ethnicity, descent, registration of residence or stay and registration of residence or stay and documents submission which are not documents submission which are not required by law.required by law.

Article 25-1. Restrictions on collaborative family work in Article 25-1. Restrictions on collaborative family work in enterprises, institutions, organizationsenterprises, institutions, organizations

The owner has the right to impose restrictions on The owner has the right to impose restrictions on working together for the same company, working together for the same company, institution or organization persons who are institution or organization persons who are relatives and close people (parents, spouses, relatives and close people (parents, spouses, siblings, children, and parents, siblings and siblings, children, and parents, siblings and children of spouses) if in connection with the children of spouses) if in connection with the performance of duties the are directly performance of duties the are directly subordinate to or under the control of each other.subordinate to or under the control of each other.

At the enterprises, institutions and state-owned At the enterprises, institutions and state-owned organisations the order of introducing such organisations the order of introducing such restrictions can be established by law.restrictions can be established by law.

Before the beginning of work Before the beginning of work under the labor under the labor agreementagreement owner or its authorized body should owner or its authorized body should: :

1) Explain to employee his or her rights and obligations and inform against receipt of working conditions, the presence in the workplace, where it will work, dangerous and harmful factors that are not yet resolved, and the possible consequences of their impact on health, it rights to benefits and compensation for working in such conditions in accordance with applicable law and collective agreement

2) inform the employee of internal labor regulations and collective agreements;

3) define employee his or her work place, provide him with the necessary tools to work;

4) Instruct worker with safety, industrial hygiene, occupational health and fire protection.

An employee has the right to realize his or her An employee has the right to realize his or her potential for productive and creative work by potential for productive and creative work by

stacking labor agreement on one or stacking labor agreement on one or simultaneously at several companies, institutions simultaneously at several companies, institutions and organizations, unless otherwise provided by and organizations, unless otherwise provided by

law, collective agreement or agreement of the law, collective agreement or agreement of the parties.parties.

Current legislation provides that the execution Current legislation provides that the execution employeeemployee, besides its core work, the other regular , besides its core work, the other regular good paid work under an labor agreement in his or good paid work under an labor agreement in his or her spare time on the same or another enterprise, her spare time on the same or another enterprise,

institution, organization or individual (the institution, organization or individual (the entrepreneur, an individual) is considered entrepreneur, an individual) is considered

moonlightingmoonlighting

Duration of Duration of moonlightingmoonlighting should should not exceed four hours per day and not exceed four hours per day and

a full day on the weekend. The total a full day on the weekend. The total duration of duration of moonlightingmoonlighting during during

the month should not exceed half of the month should not exceed half of the monthly norm of working time. the monthly norm of working time. Remuneration of Remuneration of moonlightingmoonlighting

paid for actually performed work.paid for actually performed work.

In addition to employees who work In addition to employees who work legislation banned moonlighting are legislation banned moonlighting are not eligible to work moonlighting as not eligible to work moonlighting as

directors of state enterprises, directors of state enterprises, institutions and organizations, their institutions and organizations, their

deputies, heads of departments deputies, heads of departments (departments, divisions, (departments, divisions,

laboratories, etc.) and their laboratories, etc.) and their substitutes (except for research, substitutes (except for research, teaching, medical and creativity).teaching, medical and creativity).

ThankThanks s for your attentionfor your attention