A labor agreement is something that many of us have concluded at least once in our lives. What is it like? Let's figure it out.
The labor agreement at the enterprise, as a rule, is executed upon special need. Its parties are an individual and an enterprise. In principle, we can say that a labor agreement with an employee is a civil contract, that is, one of the varieties of a contract.
Employment agreements are often mistakenly referred to as employment contracts. Why can not we say that this is one and the same? The bottom line is that relations arising from an employment contract are governed by certain laws and, of course, by the Labor Code. In this case, the employee is very well protected and has many rights (although there are enough responsibilities).
It is worth considering in detail how the labor agreement differs from the labor contract.
If a person is hired by an employment contract, an application is being processed. If everything is based on an employment agreement, a contract is signed.
For each employee who is accepted under an employment contract, an order for employment is issued. The corresponding entry is made in the workbook of the new employee, and the necessary information is entered into the necessary documents of the organization. A person who has entered into an employment contract agrees to perform not only the prescribed work, but also adhere to the internal routine of the organization and so on.
The labor agreement has a slightly different content. Its subject is precisely the result of specific labor, the fulfillment of an individual task, work, assignment, order, and the like. In this case, labor is the way to fulfill obligations.
The labor agreement contains information that the employee undertakes to complete the work entrusted to him within a certain period of time, and the person who is the employer in this case undertakes not only to accept this work, but also to pay for it.
As mentioned above, when applying for a civil contract, no application for employment is required. What are the disadvantages of an employment agreement? There are actually plenty of them. The bottom line is that the employee will not be given another paid leave, and this does not matter how much time he worked for a particular employer. It is also worth considering that the sick leave will not be paid, the length of service will not be taken into account, no data on the time spent on a particular job will be entered in the work book.
An employment agreement must be in writing. Mandatory should be an indication of the
subject of the contract (that is, the work that needs to be done), the timing of the work, the cost of labor and so on. The acceptance certificate is a document that will need to be drawn up and signed after all work has been completed and accepted.
It is considered unacceptable to conclude a labor agreement that states that work is ongoing. But this rule is very often violated.