12.04.2022

WHAT IS MANDATORY AND WHAT CAN BE AGREED IN THE EMPLOYMENT CONTRACT?

The employment contract is the most widely used basis for employment. That is why it is good for workers and employers to be aware that the employment contract has a legal and contractual content. What are the differences between the legal and contractual content of employment contracts?

The legal content follows directly from the law and is included in the contract by virtue of the law, without the need to be explicitly entered in it. The rights and obligations that form the legal content of the employment contract are established for all employees. Their grounds are specified in the Labor Code and in other laws or by-laws. By concluding the employment contract, the parties agree to the legal provisions without being able to amend or repeal them.

The legal content of the employment contract includes some basic rights of the employer, such as the right to personnel policy, mainly related to the fact that the employer, within the rights and obligations provided by law, may appoint, manage, amend and terminate employment with staff in your company.

The legal content of the employment contract also includes some basic obligations of the employer, compliance with which is subject to administrative and judicial control. These obligations of the employer outline the basic statutory rights of the employee.

The obligation to ensure healthy and safe working conditions, the employer's obligation to protect the dignity of the employee, the obligation to pay wages, the obligation to ensure normal working conditions, as well as to provide information to the employee, including economic and financial condition.

The legal content of the employment contract also includes some basic obligations of the employees, such as the obligation to perform their duties accurately and conscientiously, to appear at work in a condition that allows them to perform their assigned tasks and not to drink alcohol during working hours or other intoxicating substance, to perform their work in the required quantity and quality, and to observe the technical and technological rules, as well as the internal rules adopted in the enterprise, and not to interfere with other employees to perform their duties, to be loyal to the employer, etc.

The contractual content again includes mandatory elements that must be included in every employment contract. However, the parties have the opportunity to determine them, and in no case can they pass the restrictions or requirements of the law.

These are the place of work, the name of the position and the nature of work, the date of conclusion of the employment contract and the beginning of its implementation, the duration of the employment contract, the length of the working day, the amount of paid annual leave, remuneration, notice of termination contract.

It is permissible in the employment contracts to negotiate optional clauses between the parties. An employment relationship can arise without them, but if such an element is included, it must be with the consent of both parties. Such are, for example, the clauses regulating, for example, taking over part or all of the employee's expenses for electricity, heating and the like when working remotely, etc.

Reference:

Art. 66 of the Labor Code