Employer Contract
Description
About This Service
Labor relations, as a rule, arise after the parties conclude an employment contract. This document defines the main points of the relationship between the employee and the employer, so the importance of the employment contract is difficult to overestimate. However, in practice, it still happens that workers agree to work without signing an employment contract. How this threatens both the employee and the employer.
The contract necessarily stipulates the labor function (the work that the employee will perform and the position), the amount of wages, place of work, working conditions, work schedule, rest. At the discretion of the parties, other conditions may be included in the employment contract (on the test when hiring, the requirement to observe the confidentiality regime with respect to information that becomes known to the employee in connection with his job function, and others).
Thus, two main functions of an employment contract can be distinguished: regulatory and protective. Regulatory is that an employment contract is a document containing the conditions of the work performed, to which the employee agrees, a list of the mutual rights and obligations of the employee and the employer. Relations between the parties are built on the basis of the employment contract. In case of violation of the working conditions, rights and obligations established by the employment contract (for example, non-payment of wages in the established amount, assignment of work not provided for by the employment contract, or failure to perform work specified in the contract), the employee has the right to protection of labor rights.
The protective function of an employment contract is expressed in the fact that such an agreement allows protecting the rights of the weaker side of labor relations – workers.
As a conclusion, the presence of an employment contract significantly increases the protection of the employee from illegal actions of the employer. However, an employment contract is also needed for employers as registration of employees without an employment contract always carries risks for them.