The employment relationships between an employee and an employer should be registered under an employment contract. Should the employment contract bein written form?
According to sec.3 of Art.24 of the Labor Code of Ukraine (hereinafter − the Labour Code) the employee cannot be allowed to work without an employment contract, registered by order or instruction of the owner or authorized body, and notification of the central executive authority on software development and implementation of state policy on administration of the unified contribution on obligatory state social insurance on acceptance of the employee to work in the order established by the Cabinet of Ministers of Ukraine (the State Fiscal Service of Ukraine is the authority, hereinafter – SFSU).
According to Article 21 of the Labor Code, the employment contract is the agreement between the employee and the owner of the company, institution, organization, or the authorized body or the individual, under which the employee agrees to perform the work, and the owner of the company, institution, organization or authorized body or the individual is obligated to pay him/her the wages and provide the working conditions necessary for the execution of the work provided for by the labor legislation, collective agreement and agreement of the parties.
Therefore, if the employee is accept for employment under the order, irrespective of the availability of written employment contract signed by the parties as a separate document, the employment contract as the agreement between the parties exists in any case. It was repeatedly noted by the State Ministry of Social Policy and the State Labour.
Conditions for the conclusion of written employment contracts as a separate document:
1) when the organized acceptance of employees;
2) in case of an employment contract conclusion on work in areas with special natural geographical and geological conditions and terms of the conditions of increased risk for health;
3) when the contract conclusion;
4) in cases when the employee insists on an employment contract conclusion in written form;
5) in case of an employment contract conclusion with a minor;
6) when the employment contract conclusion with an individual-employer;
7) in other cases provided for by the legislation of Ukraine.
