The correct procedure for concluding an employment contract, or labor protected by law

The Labor Code is a written agreement between a person who gets a job and the employer when hiring an employee. The procedure for concluding an employment contract is regulated by labor legislation, which defines all the rules and conditions under which this document can be signed. In general, the conclusion of an employment contract can be called the legal registration of the so-called mutual rights and obligations relating to both the employee and the employer.

The employment contract must be concluded at the time when the employer recruits a new employee. It is important to remember the observance of certain rules, without which the procedure for concluding a contract will not be considered legal and can be challenged by either side. First, it is very important to comply with the form of the document - it always consists of two copies in writing, each of which is signed by both parties to the agreement. Secondly, the document should take into account all the conditions that the employer or employee deems essential. These may include a specific place of work and position, a clear indication of labor functions, start and end dates (in case of a fixed-term contract) of work. All these points, as well as those that will be indicated by the parties, must be included in the document - otherwise it is considered illegal.

Of course, the procedure for concluding an employment contract described in the Labor Law does not control and does not represent a single sample of the document, but there are some points that must always be present in the employment contract:

- a preamble (often referred to simply as a "cap"), which specifies the personal data of the parties entering into the employment agreement - the name of the employee, the name of the employing company (or the last name of the employer who is or represents the physical face);

- the subject of the contract, which includes all the conditions referred to above, and those that the employee or employer deems it necessary to include in the document. In addition, this part of the contract always specifies the type of agreement - urgent or unlimited, regulating work in the main place or in combination. Also in this part, at the time of the conclusion of the contract (if it is urgent), the date of commencement and termination of the work is specified;

- the content of the contract itself, indicating all the details of the agreement, including the mention of the existence of a trial period, working conditions, basic rights and duties of the future employee;

- the mode of work and rest is one of the most important parts of the employment contract, which is regulated very clearly by the Labor Law; therefore, all details of this clause, if different from the general rules established in the organization, should be spelled out;

- the terms of payment of labor (including not only the official salary or the tariff rate, but also possible bonuses, supplements and surcharges), all guarantees and compensations (including benefits, social insurance and compensation to the employee), as well as specific rights and obligations both sides.

The procedure for concluding an employment contract and accepting the employee for work is the following: first the employer signs an order (order) for employment, the basis for which is the statement written by the employee, after which the signing of the employment contract and the registration is recorded, which is fixed by the corresponding entry in the work book. In addition, the future employee is obliged to provide to the personnel department of the enterprise a certain package of documents, which first of all includes a passport or any other document proving the identity.

Unfortunately, very often in our country the reception of employees for work is conducted with violations of the law, when the procedure for concluding an employment contract is violated, the form is arbitrarily changed or important items are deleted. Moreover, many employers generally prefer to accept workers without making a contract, which is a serious violation of one of the most important human rights - the right to paid work.