Read this article to get detailed information about the employment contract and its content, parties, form and duration of the contract.
Employment contract and its parties
Labor contract It is a written contract concluded individually between the employee and the employer and reflects the rights and duties of the parties and the basic conditions of labor relations.
Worker is a natural person who works with an employer and is paid a fee at the appropriate workplace by concluding a written employment contract with the employer.
Employer is the owner or the authorized body of the enterprise appointed by him, the head, as well as a natural person, who is fully functional and has the right to conclude an employment contract with employees, change its conditions or terminate the contract.
Form of employment contract
The employment contract is concluded between the parties in written form. The contract is confirmed by the signature and seal of the parties. No less than 2 copies are drawn up. One copy is kept by the employee and one copy by the employer.
The duration of the employment contract
An employment contract can be concluded in 2 ways:
- A fixed-term contract is concluded for a period agreed upon by the parties
- Permanent contract
If the concluded contract does not specify its duration, then the contract is considered indefinite. Without the agreement of both parties, an employment contract concluded without determining the term cannot be replaced by a fixed-term contract.
In cases where it is known in advance that the services or work provided are of a permanent nature due to the conditions of performance of the labor function, the employment contract must be concluded without determining the term. (In Article 47 of the Labor Code the specified cases are exceptions)
If the fixed-term employment contract continues continuously for more than 5 years, that contract is considered indefinite.
Content of the employment contract
The content and structure of the employment contract is determined by the agreement of the parties, following the requirements of the legislation.
The following information and conditions must be specified in the employment contract:
- employee's name, surname, father's name and address, name, pin code, series and number of the identity document, date of issue, name of the authority issuing the document;
- if the employer is a legal entity, its name, TIN – taxpayer's identification number, SUN – account number of the insurer, legal and actual address of activity;
- if the employer is a natural person, his/her name, surname, patronymic, TIN – taxpayer identification number, SUN – account number of the insurer, SSN – social insurance number, address, including the actual address of activity, name, series, number of the identity document, FIN - personal identification number or pin code, date of issuance, name of the authority issuing the identity document;
- employee's position (profession) and workplace;
- the duration of the employment contract;
- the day the employment contract is concluded and the employee must start work;
- labor function of the employee;
- mutual obligations of the parties under the employment contract;
- conditions of the employee's working conditions — salary and supplements, labor protection, work and rest time, duration of work leave, compulsory insurance and compulsory state social insurance being;
- employee's social insurance number (SSN) (except for persons whose information is to be kept confidential in accordance with the AR Law "On State Secrets" and those who have started work for the first time);
- of the employee's workplace a note on having an additional or main place of work;
- information on other conditions determined by the parties.
The level of rights and guarantees established for employees during the conclusion of the employment contract and until the termination of the contract cannot be reduced. Also, unless otherwise provided for in the Labor Code, it is not permissible to change the terms of the employment contract.
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