IMPORTANCE OF ELECTRONIC EMPLOYMENT CONTRACT

2021 ◽  
Vol 6 (9) ◽  
pp. 33-40
Author(s):  
Saodat Khadjaeva ◽  
Keyword(s):  
Labor Relations ◽  
Scientific Publication ◽  
Employment Contract ◽  
Labor Contract ◽  
Electronic Form ◽  
Electronic Contract ◽  
Contract Form

This article discusses issues related to the importance of an electronic contract concluded electronically.Inthearticle,specialattentionispaidtoissuesrelatedtothecomprehensivedisclosureofongoingreforms,improvementoflaborlegislation,aswellasputforwardproposalsforconcludinganemploymentcontractelectronically.Atthesametime,thisworkrevealsthecurrentpracticeofconcludingandregisteringanelectroniccontractanditsadvantages.In this scientific publication were analyzedopinions of scientists on the translation of an employment contract into electronic form and other issues related to an employment contract.Keywords: labor, contract, form, electronic, conclusion, employee, employer, labor relations, indefinite, term

scholarly journals THE ROLE OF THE LABOR CONTRACT IN THE IMPLEMENTATION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES OF THE LABOR LEGAL RELATIONS

Social Law ◽  
2019 ◽  
pp. 195-200
Author(s):  
A. Radizlov
Keyword(s):  
Labor Relations ◽  
Employment Relationship ◽  
Labor Rights ◽  
Employment Contract ◽  
Labor Contract ◽  
Typical Form ◽  
The Future

The article is devoted to the study of the role of the employment contract in the realization of therights and obligations of the parties to the employment relationship. The views of well-known scientistsconcerning the nature of the employment contract and labor relations are investigated. Attention is drawnto the fact that along with the fact that the employment contract is the basis for the emergence ofemployment relationships, it is also their regulator. The feasibility of the future Labor Code of Ukrainesubstantiates as fully as possible the rights and obligations of employees and employers, without reducingthe legal guarantees of labor rights of employees, provided for by the Labor Code of Ukraine. It is alsoproposed to approve at the level of the resolution of the Cabinet of Ministers of Ukraine a typical form ofan employment contract between an employee and an employer.

scholarly journals NOW TENDENCIES OF DEVELOPMENT OF LABOR RIGHTS IN UKRAINE

2020 ◽  
pp. 42-46
Author(s):  
L. Yu. Prohoniuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Industrial Process ◽  
Labor Rights ◽  
Employment Contract ◽  
Electronic Form ◽  
Procedural Law ◽  
Current Trends ◽  
The Subject ◽  
Sphere Of Influence

The article is devoted to study of the current trends in development of the labor rights in Ukraine, related to elaboration of the draft Labor Code of Ukraine which highlights the necessity to update the labor law and adapt it to the current level of development of labor relations, namely: it is pointed out the gradual extension of the limits of the subject of the legal regime of the labor law, inclusion of new relationships and subjects in its sphere of influence, it is proved that the subject of the specified regime should include relations of non-standard forms of employment, opportunities for broadening the scope of labor law that will also lead to a change in the subject of its regulation, which will be the use of labor of both dependent and independent workers, joint parties of different types of collective owners engaged in the labor and industrial process; the second trend highlights the necessity to introduce an electronic form of employment contract in order to develop the principle of freedom of work, After all, one of the fundamental institutes of labor law is the institute of employment contract, which is the basis for the emergence of labor relations between the employee and the employer. However, the forms of concluding such an agreement remain unchanged, which is contrary to the full reform and improvement of the said institute. Increasingly, social networks are discussing a progressive approach to maintaining an electronic form of employment contract, along with a written one, which may, in the future, gradually disappear into the past, which will become the next trend in the development of labor relations; outlines the current trends of the shift in the legislative activity of government bodies; the article notes the third trend in the development of labor rights in the world relating to increase of the level of their protection, which should be carried out by specially authorized bodies in the order of the specialized jurisdiction; it is investigated the issue of development of specialized labor courts, analyzed the tendencies of the formation of the Code of Labor Procedure, which should provide for a number of procedural guaranties of protection of the rights, freedoms and legitimate interests of employees, employers and other subjects of employment relationship at law as well as guarantee of the legal equality of the parties in resolving discrepancies between them; the inferences on the actual formation of a new branch of procedural law are made.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

scholarly journals Понятие, принципы, стороны, система (уровни) и организационные формы социального партнерства в сфере труда

2021 ◽  
Vol 70 (6) ◽  
pp. 48-51
Author(s):  
Е.М. Коничева
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Employment Contract ◽  
Social Partnership ◽  
Collective Agreements ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Collective Negotiations

The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation

scholarly journals Features of Legal Regulation of Employment Contracts with Seasonal and Temporary Employees

2020 ◽  
Vol 89 (2) ◽  
pp. 69-76
Author(s):  
A. Ya. Radzividlo
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Temporary Employees ◽  
Employment Contracts ◽  
Employment Contract

The article is focused on studying peculiarities of employment contracts with seasonal and temporary employees in Ukraine. The employment contract as the basis of the origin of labor relations with seasonal and temporary employees has been researched. The norms of the decrees of the Presidium of the Supreme Rada of the USSR “On working conditions of temporary employees and officials” dated from September 24, 1974 No. 311-09 and “On working conditions of employees and officials engaged in seasonal work” dated from September 24, 1974 No. 310-09 have been analyzed . It has been noted that peculiarities of legal regulation of employment contracts with temporary and seasonal employees relate primarily to their conclusion and termination, as well as content. It has been proved that some provisions of regulatory acts that regulate the employment of temporary and seasonal employees are outdated; others require some revision. It has been offered to develop modern regulatory acts on the application of temporary and seasonal work. These acts must first of all establish the concept: “seasonal employees – individuals hired under an employment contract for work that as a result of natural and climatic conditions performed not through a year, but during a certain period (season), not exceeding six months”; “temporary employees – individuals hired under an employment contract for a period up to two months, and for the replacement of temporarily absent employees, who retain their place of work (position) – up to four months”. It has been substantiated that the List of Seasonal Works and Seasonal Industries needs to be updated, based on the realities of the present day.

scholarly journals Periodisation of the employer's right of termination of the labor contract for violation of the labor discipline: historical and legal analysis

Social Law ◽  
2019 ◽  
pp. 146-149
Author(s):  
V. Soroka
Keyword(s):  
Legal Analysis ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Discipline ◽  
The Right

In the article peculiarities of the periodization of the right of the employer to terminate an employment contract for violations of labor discipline are analyzed. Specifics of scientific approaches to historical and legal analysis of this issue are determined.

scholarly journals CONTRACT - A TOOL FOR IMPROVING MANAGEMENT OF THE NATURAL RESERVE FUND

2018 ◽  
Vol 20 (1(66)) ◽  
pp. 148-161
Author(s):  
T.O NIKOLAJCHUK ◽  
N.I. KHUMAROVA
Keyword(s):  
Nature Reserve ◽  
Labor Relations ◽  
Personal Responsibility ◽  
Standard Form ◽  
Economic Incentives ◽  
Living Conditions ◽  
Point Of View ◽  
Labor Contracts ◽  
Employment Contract ◽  
Reserve Fund

Topicality. Market transformations in the country's economy caused the need to revise the labor relations institute from the economic development point of view. Particular importance was the theoretical reassessment labor relations institutional: the old labor law institutes, which corresponded to the administrative command system, must transform to new ones, that contain market needs. One of such labor relations institutes are contractual relations between the employer and the employee, which allow to personalize the labor relations as much as possible, consider the economic interest of both parties, and protect as far as possible the mutual interests and rights. Aim and tasks. The aim of the article is represented the main tendencies and realities of using an employment contract in Ukraine's companies, which is signed in the standard form. The current legislation gaps of the contract using are considered as a special employment contract form with the companies leaders and other employees categories, depending on the specifics enterprise's activity or belonging to the management sphere. The preconditions for the special legislation implementation are determined during the labor contracts conclusion with the Ukrainian's nature reserve fund enterprises heads. The personal responsibility for environmental protection legislation and violation conditions are considered. Proactive and experienced specialists are established an extensive system of allowances and one-time incentives. Research results. In this article we have reviewed the implementation preconditions during the labor contracts' conclusion with the enterprises' heads of the Ukrainian nature reserve fund. We have considered the responsibility personalization conditions for environmental legislation violations with the definition of socio-economic components. For example, the contract may also stipulate social and living conditions, such as the garden plot allocation, a car, living conditions improvement, the share sale at par value, the social pensions surcharges establishment, protection against inflation processes and so on. Also it may be envisaged an employee to move another area. Conclusions. A contract can give the chance to more people to realize their work abilities on the most favorable conditions, to build the civil society foundations and the legal capitalist state. Contract's application can detail the labor relations, the system of economic incentives and encouragement, protects the rights of both employee and employer, and also provides an opportunity to assess the mutual responsibility's degree.

scholarly journals Protection of Workers’ Rights to Timely and Full Payroll

2019 ◽  
pp. 111-118
Author(s):  
N. A. Knyazeva
Keyword(s):  
Equality Of Opportunity ◽  
Equal Pay ◽  
Legal Doctrine ◽  
Employment Contract ◽  
Labor Contract ◽  
Self Defense ◽  
Labor Legislation ◽  
Wage Payment ◽  
The Right ◽  
Court Practice

The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.

scholarly journals Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation

2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko
Keyword(s):  
Comparative Analysis ◽  
International Labor Organization ◽  
Human Right ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Legislation ◽  
International Labor ◽  
Legal Nature ◽  
Provision Of Services ◽  
Legal Consequences

The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.

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