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The labor agreement
 

The labor agreement

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    The labor agreement The labor agreement Presentation Transcript

    • Concept, types andConcept, types and order of an labororder 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 Dasha Horkovenko JuliaHorkovenko Julia
    • Labor agreement- is an agreement between theLabor 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 bodyinstitution , organization or its authorized body or physical person under which the employeeor 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 theobey 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 agreesor its authorized body or physical person agrees to pay employee his wages and provide theto pay employee his wages and provide the conditions necessary for the execution of workconditions necessary for the execution of work stipulated by law on Labour, collectivestipulated by law on Labour, collective agreements and agreement of the parties.agreements and agreement of the parties. Article 21. LaborLabor 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 aSpecial form of labor agreement is a contract in which duration of the contractcontract in which duration of the contract,, rights, duties and responsibilities (includingrights, duties and responsibilities (including financial), terms of material supportfinancial), terms of material support and theand the conditions of work, conditions of terminatingconditions of work, conditions of terminating the contractthe contract, including early, can be installed, including early, can be installed by theby the agreement of the parties. Scope ofagreement of the parties. Scope of the contract is determined by the laws ofthe 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 direct orAccording to the Constitution of Ukraine, any direct or indirect restriction of rights or granting direct or indirectindirect restriction of rights or granting direct or indirect privileges at the conclusion, amendment and termination,privileges at the conclusion, amendment and termination, depending on their origin, social and property status,depending on their origin, social and property status, race and ethnicity, gender, language, political opinions,race and ethnicity, gender, language, political opinions, religious beliefs, membership in trade union or otherreligious beliefs, membership in trade union or other association of citizens, occupation, place of residence isassociation of citizens, occupation, place of residence is not permitted.not permitted.  Requirements about workers age, education level, healthRequirements about workers age, education level, health can be established by the legislation of Ukraine.can be established by the legislation of Ukraine.
    • Article 23. Dates labor agreement 1. indefinite duration concluded for an1. indefinite duration concluded for an indefinite period;indefinite period; 2. for a fixed period, installed2. for a fixed period, installed by agreementby agreement of the parties;of the parties; 3)3) CreateCreates fors for the duration of a particularthe duration of a particular job.job. Labor agreementcan by:
    • Fixed-term employmentFixed-term employment contract is concluded whencontract is concluded when the employment relationshipthe employment relationship can not be installed for ancan not be installed for an indefinite period given theindefinite period given the nature of subsequent work,nature of subsequent work, or the conditions of itsor the conditions of its execution or the interests ofexecution or the interests of the employee and in otherthe employee and in other cases stipulated bycases stipulated by legislative acts.legislative acts.
    • Article 24. Conclusion of labor agreementArticle 24. Conclusion of labor agreement 1)1) During theDuring 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 ain cases where the employee insists on a contract in a writing form;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 theat the conclusion labor agreement with the physicalphysical personperson 7)7) in other cases stipulated by the legislation of Ukrainein other cases stipulated by the legislation of Ukraine .. labor agreementusually consist in written form . Compliance with the written form is mandatory:
    • During the conclusion laborDuring the conclusion labor agreement citizen must submit aagreement citizen must submit a passport or other document provingpassport 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 educationalso certificate of education (specialty, qualification)(specialty, qualification) information about the healthinformation 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 ofPersons invited to work in the order of transfer from another company, institution ortransfer from another company, institution or organization by agreement between theorganization by agreement between the heads of enterprises, institutions оrheads of enterprises, institutions оr organizations can not be denied to concludeorganizations can not be denied to conclude the labor agreement .the labor agreement . It is prohibited to conclude the laborIt is prohibited to conclude the labor agreement with the citizen, who for theagreement with the citizen, who for the medical opinion can't do his or her work formedical 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 laborArticle 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 isAt the conclusion labor agreement is prohibited to demand from people whoprohibited to demand from people who come to work, information about theircome to work, information about their party and ethnicity, descent, registration ofparty and ethnicity, descent, registration of residence or stay and documentsresidence or stay and documents submission which are not required by law.submission which are not required by law.
    • Article 25-1. Restrictions on collaborative family work inArticle 25-1. Restrictions on collaborative family work in enterprises, institutions, organizationsenterprises, institutions, organizations The owner has the right to impose restrictions onThe owner has the right to impose restrictions on working together for the same company, institution orworking together for the same company, institution or organization persons who are relatives and close peopleorganization persons who are relatives and close people (parents, spouses, siblings, children, and parents,(parents, spouses, siblings, children, and parents, siblings and children of spouses) if in connection with thesiblings and children of spouses) if in connection with the performance of duties the are directly subordinate to orperformance of duties the are directly subordinate to or under the control of each other.under the control of each other. At the enterprises, institutions and state-ownedAt the enterprises, institutions and state-owned organisations the order of introducing such restrictionsorganisations the order of introducing such restrictions can be established by law.can be established by law.
    • Before the beginning of workBefore the beginning of work under the laborunder the labor agreementagreement owner or its authorized body shouldowner 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 herAn employee has the right to realize his or her potential for productive and creative work bypotential for productive and creative work by stacking labor agreement on one orstacking labor agreement on one or simultaneously at several companies, institutionssimultaneously at several companies, institutions and organizations, unless otherwise provided byand organizations, unless otherwise provided by law, collective agreement or agreement of thelaw, collective agreement or agreement of the parties.parties. Current legislation provides that the executionCurrent 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 orgood 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 (theinstitution, organization or individual (the entrepreneur, an individual) is consideredentrepreneur, an individual) is considered moonlightingmoonlighting
    • Duration ofDuration of moonlightingmoonlighting shouldshould not exceed four hours per day andnot exceed four hours per day and a full day on the weekend. The totala full day on the weekend. The total duration ofduration of moonlightingmoonlighting duringduring the month should not exceed half ofthe month should not exceed half of the monthly norm of working time.the monthly norm of working time. Remuneration ofRemuneration of moonlightingmoonlighting paid for actually performed work.paid for actually performed work.
    • In addition to employees who workIn addition to employees who work legislation banned moonlighting arelegislation banned moonlighting are not eligible to work moonlighting asnot eligible to work moonlighting as directors of state enterprises,directors of state enterprises, institutions and organizations, theirinstitutions and organizations, their deputies, heads of departmentsdeputies, heads of departments (departments, divisions,(departments, divisions, laboratories, etc.) and theirlaboratories, etc.) and their substitutes (except for research,substitutes (except for research, teaching, medical and creativity).teaching, medical and creativity).
    • ThankThankss for your attentionfor your attention