1. 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
2. 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
3. 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..
4. 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.
5. 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.
6. 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:
7. 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.
8. 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:
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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;
16. 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.
17. 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
18. 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.
19. 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).