In some cases, instead of a standard employment contract, an employee may be concluded contract. So let's find out what are the features of a contract compared to an employment contract, and when a contract can be concluded with an employee.
Contract is a special form of employment contract. It differs from a regular employment contract in that:
- when concluding a contract, compliance with the written form is mandatory;
- the contract, as a rule, clearly records the scope of the proposed work and requirements for the quality and terms of its performance.
So, for example, in the contract with the head of the faculty of the educational institution, the scope of work can include such an obligation as the organization of preparation and approval by a certain date and in a certain number of methodological recommendations for laboratory works, course and diploma projects.
By establishing additional grounds for terminating the contract (see next point) the employer may dismiss the manager in a simplified way in case of failure to achieve the results specified in the concluded contract.
- the contract may specify additional grounds for its termination, in addition to those established by current legislation.
For example, the contract can provide similar grounds for dismissal of the employee: in case of systematic non-fulfillment or improper fulfillment by the employee of the obligations stipulated by the contract; in case the employee allowed the disclosure or leakage of confidential information or commercial secrets.
Since according to the current labor legislation, such grounds for dismissal are not provided for, but the legal grounds still apply to relations governed by the contract, then the employer has more opportunities to terminate the relationship with the employee.
Of course, it is possible to provide a reason for terminating the contract at the initiative of the employee - for example, in case of violation by the employer of the terms of the contract regarding the financial support of the employee.
And if this provision is formulated in this way, the employee will not be obliged to give a two-week notice of termination of the contract, unless such a requirement is expressly stated in the contract.
- is concluded, as a rule, for a certain period;
- upon its termination, compensation for moral damage is possible;
- the scope of its application is determined by the laws of Ukraine.
This means that the conclusion of a contract can only take place in cases expressly provided for by law. That is, the employer can demand the conclusion of a contract from the employee only if he belongs to those persons with whom the law provides for the possibility or necessity of concluding a contract.
Even with the agreement of the employee and the employer, but in the absence of grounds for this, the contract cannot be concluded. Otherwise, contract provisions that worsen the position of the employee will be considered invalid.
At the same time, if an employment contract is concluded with the employee, which provides, for example, a provision of a similar nature: "The validity of this Agreement may be terminated by any of the parties unilaterally, subject to prior written notice", then such provision will be considered invalid.
After all, the prescription of such provisions is permissible only in the contract, and the conclusion of the contract, in turn, is allowed only with certain employees.
- the employer is obliged to ensure the confidentiality of the content of the contract;
- the contract may stipulate additional benefits and guarantees for the employee.
The contract may contain additional conditions regarding the organization of work and material support of the employee. The contract may provide for additional benefits, guarantees and compensation at the expense of the employer.
The contract must provide for the employer's obligation to compensate the moral and material damage caused to the employee in the event of early termination of the contract by the employer for reasons not provided for by the current legislation and the contract.
Who can enter into a contract with?
If we take into account the private sector of the economy, and not the state and communal ones, then the contract may be concluded:
- with heads of educational institutions, heads of faculties;
- with foreigners;
- with heads of enterprises;
- with persons involved in farming;
- with assistant lawyers;
- with employees of consumer associations,
- with persons engaged in professional activities in sports.
Thus, the contract provides an opportunity to further specify the relationship with the employee, for example, due to a clear prediction of the scope of the proposed work and requirements for quality and terms of its execution.
However, when concluding it, it is necessary to take into account the main requirements and features described in this article, as well as other, more detailed ones, because non-compliance with the requirements of the law may cause the contract provisions to be invalidated.
