Individual and collective labor contract. Contractual regulation of labor relations Labor contract individual and collective

Individual labor contract- an agreement between the employee and the employer, on the basis of which the employee undertakes to perform work corresponding to a certain specialty, qualification or position to which he is appointed, in compliance with the internal regulations of the enterprise, and the employer undertakes to provide the employee with working conditions provided for by this code, other regulations, containing labor law norms, a collective labor agreement, as well as timely and in full to pay him wages.
Sides of the individual employment contract
(1) The parties to an individual labor contract are the employee and the employer.
(2) A natural person acquires the ability to work upon reaching the age of sixteen years.
(3) A natural person may enter into an individual labor contract and upon reaching the age of fifteen years from written consent parents or his legal representatives and provided that the work will not harm his health, development, learning process and vocational training.
(4) It is prohibited to employ persons under the age of fifteen, as well as persons deprived of the right by a court of law to hold certain positions or engage in certain activities, - to the relevant positions or to engage in relevant activities.
(5) A natural or legal person, irrespective of the type of ownership and organizational and legal form, employing hired labour, may be a party to an individual labor contract as an employer.
(6) Employer - a legal entity may enter into individual employment contracts from the moment of acquiring the status legal entity.
(7) An employer who is a natural person may enter into individual employment contracts from the moment of acquiring full legal capacity.
(8) It is prohibited to conclude an individual labor contract for the purpose of engaging in illegal or immoral work or activities.
(9) A citizen of the Republic of Moldova, a foreign citizen or a stateless person may be a party to an individual labor contract, except for the cases provided for by the current legislation.
Job guarantees
(1) An unreasonable refusal to hire is prohibited.
(2) Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an individual labor contract, depending on gender, race, nationality, religion, place of residence, political opinion or social origin, is prohibited.
(3) The employer's refusal to hire is made in writing, indicating the data provided for in paragraph b) of paragraph (1) of Article 49, and may be appealed to the court.
Contents of the individual labor contract is determined by agreement of the parties, taking into account the provisions of the current legislation and includes the following:
a) last name and first name of the employee;
b) identification details of the employer;
c) the term of the contract;
d) date of entry into force of the treaty;
d 1) specialty, profession, qualification, position;

e) official functions;
f) risks associated with positions;
g) the rights and obligations of the employee;
h) the rights and obligations of the employer;
i) conditions of remuneration, including the size of the tariff rate or official salary of the employee, allowances, bonuses and financial assistance;
j) compensation and payments, including for hard work and work with harmful and / or dangerous working conditions;
k) place of work;
l) regime of work and rest;
m) probationary period (if necessary);
n) the duration of the annual paid leave and the conditions for its provision;
o) the provisions of the collective labor agreement and the internal regulations of the enterprise regarding the working conditions of the employee;
p) conditions of social insurance;
r) health insurance conditions.
The term of the individual labor contract.
(1) An individual labor contract is concluded, as a rule, for an indefinite period.
(2) An individual labor contract may also be concluded for a fixed term, not exceeding five years, in accordance with the requirements of this Code.
(3) If the individual labor contract does not specify the term of its validity, the contract shall be deemed concluded for an indefinite period.
Probation
In order to check the professional abilities of an employee, when concluding an individual labor contract, a probationary period of up to three months may be established, and for officials, the list of which is approved by the employer after consultation with representatives of employees, up to six months. When hiring unskilled workers, the probationary period is established as an exception and cannot exceed 15 calendar days.
The probationary period does not include the period the employee is on medical leave and other periods when he was absent from work for valid reasons, documented.
The probationary period must be stipulated in the individual labor contract. In the absence of such a condition in the contract, it is considered that the employee was hired without a probationary period.
During the probationary period, the employee enjoys all the rights and fulfills the duties provided for by labor legislation, the internal regulations of the enterprise, collective and individual labor contracts.
Only one probationary period may be established during the validity of an individual labor contract.

3. WORK OF WOMEN, PERSONS WITH FAMILY RESPONSIBILITIES AND OTHER PERSONS

Refusal to hire or size reduction wages for reasons related to pregnancy or the presence of children under the age of six is prohibited. Refusal to hire a pregnant woman or a person with a child under the age of six for other reasons must be justified, of which the person is notified in writing by the employer within five calendar days from the date of registration at the enterprise of the application for employment. Refusal to hire may be appealed to the court.
It is prohibited to use the labor of women in heavy work and work with harmful working conditions, as well as in underground work, with the exception of work on sanitary and domestic services and work that does not require physical labor.
It is forbidden for women to lift and move by hand weights that exceed the limits established for them.
The list of heavy work, work with harmful working conditions, in which the use of women's labor is prohibited, as well as the maximum load standards for women when lifting and moving weights by hand, are approved by the Government after consultations with employers and trade unions.

It is not allowed to send on a business trip persons for whom a business trip is contraindicated according to a medical report.
Disabled persons of groups I and II, pregnant women, women on postnatal leave, single parents with children under the age of fourteen, employees with children under the age of six or disabled children, persons combining parental leave, with work, as well as employees caring for a sick family member on the basis of a medical report, may be sent on a business trip only with their written consent. In this case, the employer is obliged to familiarize the said employees in writing with their right to refuse a business trip.

Pregnant women and women who are breastfeeding are provided, by way of transfer or relocation in accordance with a medical opinion, easier work, excluding the impact of adverse production factors, while maintaining the average salary at the previous place of work.
Until the issue of providing more easy work excluding the impact of adverse production factors, a pregnant woman should be exempted from job duties while maintaining the average wage for all working days that she did not work for this reason.
If women with children under the age of three cannot fulfill their previous labor duties, they are transferred, in the manner prescribed by this code, to another job with the preservation of the average wage at the previous place of work until the children reach the age of three.
It is prohibited to dismiss pregnant women, women with children under the age of six, and persons on parental leave.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Hosted at http://www.allbest.ru/

Introduction

The concept of an individual labor contract

General procedure for concluding an ITD

Probationary period for employment

Transfer to another job

Classification of grounds for termination of ITD

List of used literature

Introduction

One of the main institutions of labor legislation is the employment contract. An employment contract establishes an employment relationship between an employer and an employee. To the labor legal relationship that arose on the basis of an employment contract, the norms of labor, and not other branches of law, are applied. The main features of an employment contract are outlined in Article 15 of the Labor Code, according to which an employment contract is an agreement between a worker and an enterprise, institution, organization, according to which the worker undertakes to perform work in a certain specialty, qualification and position, subject to internal regulations, and enterprise, institution, organization undertakes to pay wages to the worker and ensure the working conditions provided for by labor legislation, the collective agreement and the agreement of the parties.

The individual labor contract (ITD) began to be included in the mandatory part of the labor agreement between the employee and the employer after our country entered a new stage of development - the market economy. In my test, I want to tell you what this type of agreement between an employee and an employer is, what features it has, etc.

The concept of an individual labor contract

individual labor contract

The employment contract was separated from civil law contracts, originally it was a civil law contract for the hiring of labor and was of a commodity nature, that is, it was a civil law contract of two commodity owners, two subjects of law, formally equal before the law, freely and on equal terms entering into a contractual agreement between themselves. He had a number of characteristic features:

the contract legally formalized the relations of exploitation of the wage worker, free from personal dependence, but at the same time deprived of the means of production and therefore forced to sell his labor power to the capitalist;

labor power acted as a commodity circulating in civil circulation, therefore the capitalist contract for the hiring of labor power was a commodity transaction, an agreement civil law;

it was a special contract, the peculiar character of which was given by its object - the labor force;

the process of labor consumption took place through the use of a worker - the carrier of labor in the employer's economy, while the worker was included in the capitalist cooperation of labor, which had its inevitable consequence of subordinating him to the authority of the employer, in other words, subordinating the internal labor regulations of the enterprise;

the contract, as a civil law transaction, was regulated primarily by the general norms of civil law; however, the features of the object of this agreement necessitated the need for special legal norms regulating only relations arising from the hiring of labor;

the master's power belonged to the entrepreneur as the owner of the enterprise;

its legal basis was the entrepreneur's right of private ownership of the means of production.

The legal consolidation of the labor contract in the Labor Code in 1922 corresponded to these features and was presented as a labor contract.

An individual labor contract is a bilateral agreement between an employee and an employer, concluded in writing, according to which the employee undertakes to perform work in a certain specialty, qualification or position with the execution of the employer's acts, and the employer undertakes to pay wages and other wages and other provisions provided for by law in a timely manner and in full. and by agreement of the parties, cash payments, ensure working conditions in accordance with labor legislation and the collective agreement.

The concept of ITD as an agreement must be distinguished from the institution of an employment contract in the special part of labor law. The ITD institute is a system of norms governing the procedure for hiring, transferring to another job and dismissal.

The subject of ITD are external labor functions in the overall labor process of a given organization, i.e. work in a certain specialty, qualification, position.

The specific features of ITD are:

a) personal fulfillment by the employee of duties related to the labor function stipulated by him;

b) the inclusion of an employee in the labor collective of the organization;

c) the subordination of the employee in the labor process to the rules of the internal labor order.

In Germany the main legal source regulation of the employment contract is the Civil Code, in which the employment contract is considered as one of the varieties of the civil legal contract of employment and services, its specificity lies in the personal dependence of the employee on the employer. The Civil Code interprets an employment contract as an ordinary binding transaction. In countries with developed market economy there are a large number of varieties of an employment contract: an employment contract for an indefinite period, for a fixed period, for an incomplete working time, employment contract with “contingent workers”, group employment contract, employment contract with sales agents, professional athletes, domestic workers, foreign workers, government employees, part-time employment contracts, etc.

The employment contract with agency workers is used when private agencies are hired, which periodically rent them out for various terms to customer firms, i.e., employees thus have, as it were, two employers.

AT different countries a certain framework of so-called fixed-term labor contracts has been established, which are allowed only in cases established by law (for seasonal work, replacing temporarily absent workers, with a temporary expansion of production, for performing casual work of short duration, etc.). urgent labor contracts it is forbidden to conclude during the conduct of ordinary regular work.

In economically developed countries, the employment contract is of a private law nature.

An employment contract is a contract by which an employee undertakes to work in exchange for wages and subject to legal subordination.

There are two groups of conditions of an individual labor contract: necessary (basic) and optional (additional).

The necessary conditions must be in any individual labor contract, without them the independence of the individual labor contract is not possible.

The necessary ones include:

place of work

labor function

start time

employee wages.

Optional conditions include all other conditions: on a probationary period, on non-disclosure of official and commercial secrets, on working hours, etc.

ITD is concluded by the parties in writing. It includes not only the main additional terms.

According to Art. 9 of the Law on Labor of the Republic of Kazakhstan, the ITD must contain:

details of the parties (full name of the employer - legal entity and its location, number and date of state registration constituent documents employer - a legal entity; FULL NAME;

Full name and position of the employer, and in the case when the employer is an individual, then his address permanent place residence, name, number, date of issue of the document;

Full name of the employee, name, No., date of issue of the document, SIK No., RNN No.;

labor function (work in a certain position, specialty, profession);

date of commencement of employment

characteristics of working conditions, guarantees and compensations to employees for hard physical work or work in harmful or dangerous working conditions;

working hours and rest time;

conditions of payment and labor protection;

the rights and obligations of the employer;

the rights and obligations of the employee;

10) the procedure for changing, terminating and prolonging the ITD;

11) the procedure for paying compensation and providing guarantees;

12) responsibility of the parties.

1-1. When concluding an ITD for a certain period, mutual responsibility of the parties for the early termination of this agreement may be established.

2. By agreement of the parties, other conditions may be included in the ITD.

3. The employer is not entitled to require the employee to perform work not stipulated by the ITD, except for the cases provided for by this Law and other legislative acts of the Republic of Kazakhstan.

General procedure for concluding an ITD

In accordance with Article 12 of the Labor Law, the ITD is concluded in writing, drawn up in at least two copies, signed by the employee and the employer. By order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated February 15, 2000 No. 38, a sample of ITD was approved with the application of the Procedure for Concluding ITD. This sample ITD is advisory in nature. The content of the ITD can be determined independently by agreement of the parties, taking into account the specifics, industry-specific features of production, specific tasks facing the organization, as well as the material and financial capabilities of the employer. However, without fail, the contract includes conditions that the employee has the right to:

conclude, change and terminate the ITD with the employer in the manner prescribed by the Labor Law;

on the equal pay for equal work without any discrimination;

under working conditions that meet the requirements of safety and hygiene;

for voluntary membership in trade unions or other public associations, unless otherwise provided by other legislative acts;

to rest;

for compensation for harm caused to the health of an employee or property in connection with the performance of his labor duties;

to provide guarantees and compensation1;

to resolve labor issues by agreement of the parties or in court;

require the employer to confirm the authority of the official providing the party to the ITD;

participate in the development and get acquainted with the collective agreement and acts of the employer;

improve your professional skills.

The ITD should also have the duties of an employee:

conscientiously fulfill labor duties stipulated by individual labor, collective agreements and acts of the employer;

observe labor discipline;

not to allow infliction of property damage to the employer in the course of work;

comply with the requirements of labor protection regulations, fire safety and industrial sanitation;

not to disclose information entrusted to him in accordance with the ITD, constituting official, commercial and other secrets protected by law;

report a situation that poses a threat to the life and health of people, the safety of the property of the employer and employees.

The contract also reflects the rights of the employer:

conclude, change and terminate the ITD and collective agreements with employees in the manner prescribed by the Labor Law;

when hiring, require the employee to provide documents provided for by the Labor Law, confirming the ability to engage in certain labor activities and hold a certain position;

issue acts of the employer within the limits of their authority;

encourage employees, involve them in disciplinary and liability in the manner prescribed by law;

for compensation for harm caused to him by the employee;

to terminate the work of the organization and dismissal of employees with their participation in the organization and conduct of a strike, recognized by a court decision as illegal;

create and join associations of employers in order to represent and protect their rights and interests;

establish a probationary period for the employee;

to reimburse their costs associated with the training of an employee, if this is stipulated by the terms of the ITD;

Employer Responsibilities:

provide employees with working conditions in accordance with labor legislation, individual labor, collective agreements;

consider the proposal of representatives of employees and conclude a collective agreement;

provide employees with the means and materials necessary for the performance of their labor duties;

at the conclusion of the ITD, familiarize the employee with the collective agreement and acts of the employer;

timely and in full pay salaries and other payments provided for by the regulatory acts of the Republic of Kazakhstan.

comply with the requirements of labor legislation, individual labor, collective agreements;

to insure liability for causing harm to the health and life of an employee in the performance of his job duties;

hand over to the state archive documents confirming the labor activity of employees and information on the deduction of money for their pension provision;

compensate the employee for harm in the manner and conditions provided for by law;

suspend work if its continuation poses a threat to the life or health of the employee;

warn the employee about harmful and dangerous working conditions and the possibility of occupational disease.

Before issuing an ITD, the employee and the employer conduct preliminary negotiations. To conclude it, the employer has the right to demand documents confirming the employee’s labor activity, an identity card, a certificate of assignment of a SIK, a pension contract, a birth certificate for persons under 16 years of age, a document on education or vocational training and other documents provided by law.

Documents confirming the work activity of an employee may be a work book or ITD or an extract from orders for admission and dismissal.

In many developed market economies, the work book is not used. But there are certain documents that the employee must provide to the employer when applying for a job. For example, in Germany they are called "labor papers" and include cards for social security and tax payments.

The document confirming the payment of insurance is of the greatest importance for the employee. In the US, workers enter into contracts with an insurance company. Part of the contributions to this company in favor of the insured must be paid by the employer.

Employees hired for hard work and for work with harmful and dangerous working conditions, as well as for work related to traffic, undergo mandatory preliminary medical examinations upon admission to work to determine the suitability of their assigned work and prevent occupational diseases.

Enterprise employees Food Industry, public catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other enterprises pass the specified medical checkup for public health purposes.

All persons under the age of 18 are employed only after preliminary medical examination and in the future, until reaching the age of 18, they are subject to a mandatory medical examination annually.

In the Republic of Kazakhstan in private organizations it is possible teamwork close relatives in case of their subordination to each other, and in government organizations it is unacceptable.

The number of civil servants working under the ITD concluded for a fixed period should not exceed 20% of the number of civil servants working under the ITD concluded for an indefinite period.

Certain requirements are imposed on persons entering the civil service. They must:

have the citizenship of the Republic of Kazakhstan

be at least 18 years old

have the necessary education and training.

In accordance with the ILO Minimum Age Convention, 1973, states that have ratified the convention undertake to implement a national policy aimed at ensuring the effective abolition of child labor by gradually raising the minimum age for admission to work to a level corresponding to the fullest physical and mental development of adolescents.

The minimum age must not be less than the age of completion of compulsory schooling and, in any case, must not be less than 15 years.

In developed countries, the most common minimum age for employment is 15-16 years, and in dangerous and hazardous work- 18 years. All countries have established various exceptions and exceptions to the minimum age for employment. For example, in the United States, under federal law, the minimum age for employment is 16 years.

The legal personality of workers in labor relations in developed countries begins in full from the age of 21. In Japan, it is allowed to involve children from the age of 12 in a wide range of jobs, including agricultural work, work in trade, and offices.

Probationary period for employment

When concluding an ITD, by agreement between the employer and the employee, a test may be stipulated in order to verify the compliance of the employee with the work performed. The period of probation cannot exceed three months (Article 15 of the Labor Law). The probation period does not include the period when the employee was absent from work for a good reason.

A test for employment may be established in accordance with the Labor Law in respect of any employee by agreement of the parties. This provision also applies to the employment of seasonal workers.

The condition of the probationary period must be indicated in the ITD. If it is indicated only in the order for employment, announced to the employee against receipt, the establishment of the probationary period cannot be considered legal, since the order is a unilateral act, and the law requires the agreement of such a condition with the employer and employee. Establishing a trial period unilaterally by the employer is a violation of the employee's right. During the trial period, the working conditions of the employee should not differ from the working conditions of others, and at this time the labor legislation fully applies to the employee, he is subject to the rules of the internal labor schedule, his work is paid in accordance with general norms and rates or salaries, and tariff rates. He has the right to social insurance etc. Not only periods of temporary incapacity for work, but also the time spent on the implementation of state and public duties, therefore, the test period continues after the break, however, the duration of the test before and after the break cannot exceed the agreed period. The publisher of an order to hire an employee who has passed the probationary period is not required.

Before the expiration of the trial period, each of the parties has the right to terminate the ITD. It is considered terminated from the moment of written notice, it may be a statement from the employee, or, for example, registered letter with notice, fax notice, etc.

ITD, concluded for any period, if it stipulates a test when hiring, can be terminated after notification, regardless of the compliance of the employee with the work assigned to him and the working conditions provided by the employer.

In countries with developed economies, the introduction of a probationary period when applying for a job has 2 goals: to evaluate the employee from the point of view of the interests of the employer (determining the professional suitability of the employee) and to evaluate the work, working conditions, psychological environment, “workability” with the boss, the hired employee himself. To eliminate the possibility of arbitrariness in hiring, to prevent it, special laws serve, for example, in the United States, the 1987 law "On the control of the use of polygraphs" "lie detector". In many countries, guarantees are provided for persons undergoing a test. In France, Belgium, for example, upon dismissal of an employee who has not passed the test, the entrepreneur is obliged to warn him of the upcoming dismissal. In Germany, the dismissal of an employee who fails the test requires the consent of the works council.

Transfers to another job

A transfer to another job in one organization is an assignment of work that does not correspond to the specialty, qualification, position of the employee, or the performance of work in accordance with the position, specialty, qualification, but with a change in essential working conditions.

A transfer is understood as a change in the place of work, the content of the labor function, as well as essential working conditions established at the conclusion of the ITD. The essential working conditions include the system and amount of remuneration, benefits, working hours, the establishment or abolition of part-time work, the combination of professions, changes in categories and job titles, functional duties etc.

The legislation on transfers to another job proceeds from the stability of the conditions of the ITD and is based on the principle of certainty of the labor function, which is one of the main conditions of the employment contract.

The Labor Law allows transfer to another job of 2 types (Article 17):

transfer to another job in the same organization;

transfer to another locality together with the organization.

These types of transfers, with the exception of cases temporary transfer for other work due to production necessity, downtime, are allowed only with the consent of the employee.

Transfers must be distinguished from the transfer of an employee to another job. A transfer is an assignment by an employer to an employee previous work at a new workplace both in the same and in another structural unit of the organization. The workplace is the place where the employee performs his duties (equipped necessary equipment, information devices, office equipment, etc.). An employee cannot be moved to another locality, to another employer, to another workplace which is contraindicated for health reasons.

Due to changes in the organization of production and a reduction in the volume of work, the employer is allowed to change working conditions while continuing to work in the same profession (specialty), qualification, position. The employee must be notified in writing of changes in working conditions at least one month in advance. When working conditions change, appropriate additions and changes are made to the ITD.

Changes in the organization of production include changes in technology and production technology (for example, the introduction of new equipment, etc.), improvement of the management structure, as well as jobs.

If the employee does not agree to continue working in the new conditions, then the ITD with him is terminated on the grounds: refusal to continue working due to changes in working conditions in accordance with subparagraph 7 of article 26 of the Labor Law.

Classification of grounds for terminationindividual labor contract

The labor legislation uses several terms related to the termination of labor relations: termination, termination and dismissal. So, in article 25 of the Labor Law, the concepts of “termination” and “termination”, ITD are used, and in the norms of law - the concept of “dismissal”, for example, article 148 of the Criminal Code of the Republic of Kazakhstan, article 26 of the Labor Law, etc.

Termination is a voluminous concept, it includes the termination of an employment relationship in all cases (by agreement of the parties, at the initiative of the employee, certain authorities, expiration of the contract, death of the employee).

Dismissal from work - a synonym for the term "termination", except in cases of retirement of an employee from the payroll of the enterprise due to death.

Termination - termination of an employment relationship at the initiative of one of the parties to the ITD, as well as certain bodies that have to demand this termination. This is a voluntary termination of labor relations.

The termination of the ITD by agreement of the parties is characterized by the joint expression of the will of the employee and the employer, aimed at ending the ITD. Such an agreement may be reached at any time during the operation of the ITD. It can take place as in a contract concluded for an indefinite and definite period or the time of performing a certain work, or for the time of replacing a temporarily absent employee. It does not matter who initiated the termination - the employee or the employer.

The dismissal of an employee in accordance with paragraph 4 of Article 25 of the Labor Law is an independent basis for the termination of the ITD at the initiative of one of the parties. The employer and employee may notify the other party of the termination of the ITD at least one month in advance, however, the notice period can be much longer and is specified in the ITD. In any case, the term for the termination of the ITD is determined by the parties.

ITD concluded by the parties may be terminated by agreement of the parties and the basis for its termination is the written consent of the employee and employer.

According to Article 25 of the Labor Law, an ITD may be terminated in the following cases:

after the expiration of the term;

under circumstances beyond the control of the parties.

ITD can be terminated:

by agreement of the parties;

at the initiative of one of the parties;

on other grounds provided for by legislative acts.

The ITD may be terminated at the initiative of one of the parties, if this party warned the other party in writing within the period agreed in the ITD. This period cannot be less than one month before the termination of the ITD.

Termination of ITD is issued by order of the employer.

For certain categories employees, labor legislation establishes additional grounds for terminating the ITD. So, for example, for administrative civil servants, in accordance with Article 27 of the Law on Civil Service, the following grounds for termination are established public service:

filing their application for dismissal of their own free will;

expiration of the contract or termination of the contract on the grounds provided for by law;

provision by an administrative civil servant of deliberately false information about his income and property;

failure to comply with the obligations and restrictions established by the Law on Public Service;

non-transfer to trust management of property owned by the right of ownership;

loss of citizenship of the Republic of Kazakhstan;

committing a corruption offense;

out-of-competition occupation of administrative public office, with the exception of cases established by the Law on Public Service;

negative certification results;

10) other grounds provided for by the legislation of the Republic of Kazakhstan.

A change of political civil servants cannot serve as a basis for an administrative civil servant to terminate the civil service in his position at the initiative of newly appointed political civil servants (Article 27 of the Civil Service Law).

Change of ownership or reorganization (merger, accession, division, separation, transformation) of organizations does not terminate labor relations according to section 24 of the labor law.

In most countries with a market economy, an employee is required to give written notice of dismissal, and in France and Italy, Spain, he may limit himself to an oral statement.

The specific terms of notice of dismissal range from one week to three months in different countries and usually depend on whether the employee belongs to the category of workers or employees or on the labor guard. Most often, the law establishes a minimum period, but it can be increased in collective and labor unions. The grounds for termination of an employment contract in economically developed countries are:

Death of an employee or other circumstances having the nature of legal events;

Termination of activity (liquidation) of the enterprise;

Initiative (unilateral act) of one of the parties;

Expiration of the contract, completion of certain work;

Circumstance having the nature of force majeure (force majeure)

or other circumstances that make it impossible to perform the contract;

Court decision to terminate the employment contract.

Most countries have set mandatory retirement ages for certain categories of workers, such as business leaders in the United States. Some professions, such as university professors, are required to retire at retirement age (65).

Although the legislation does not consider the onset of retirement age as a valid reason for dismissal, a forced retirement age has been established for certain categories of workers (USA) or there is another option:

persons who have reached retirement age are excluded from the laws governing dismissal (UK, Ireland).

In accordance with paragraph 33 guidelines on issues of remuneration of employees5, approved by order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 12, 2000 No. 111-p, in cases where the employee, for good reasons, did not arrive in a timely manner at the collection point for rotational (shift) personnel and followed to the work site independently, the employer reimburses him for transportation costs in relation to the norms provided for by the legislation on business trips.

The period of work at the facility and between shifts of rest in the rotational camp cannot be more than 15 calendar days. In exceptional cases, at individual facilities, the employer, in agreement with representatives of the employees of the organization, can set the duration of the watch up to 30 calendar days.

In case of non-arrival of rotational (shift personnel), the employer working on a rotational basis, with the consent of the employees, may involve them in work in excess of the working hours established by the work schedules on the shift, before the arrival of the shift.

Overtime work is paid as overtime.

Days of rest (days off) in connection with work in excess of the normal working hours in the accounting period within the limits of the shift work schedule may be paid in the amount of the tariff rate (salary) received by employees by the day of rest.

Overtime hours that are not multiples of whole working days, accumulating over calendar year up to whole working days, are compensated by the subsequent provision of paid days of rest between shifts. In the event of an employee's dismissal or the expiration of a calendar year, the specified hours may be paid at the rate of the tariff rate.

For days on the way from the location of the organization to the place of work and back, provided for by the shift work schedule, as well as for the days of delay of employees on the way due to meteorological conditions and due to fault transport organizations the employee is paid a daily wage rate based on normal working hours.

In cases of delay of rotational (shift) personnel on the way, reimbursement of expenses for hiring residential premises to employees is carried out in relation to the norms provided for by the legislation on business trips in accordance with the methodological recommendations on remuneration of employees (Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 12, 2000 No. 111-p).

With the rotational method of work, a summarized accounting of working time is established for a month, quarter or another, longer period, but not more than for a year.

The accounting period covers all working time, travel time from the place of work and back, as well as rest time falling on a given calendar period of time. Wherein total duration working hours for the accounting period should not exceed the norms established by the Labor Law.

The employer must keep records of the working time that the employee actually worked for this employer.

Employees performing work on a rotational basis (including employees of trade and public catering organizations, communications, transport, healthcare organizations and others who serve personnel working on a rotational basis), for each calendar day of stay at the places of work during the rotation period, as well as for actual days spent on the road from the location of the organization (collection point) to the place of work and back by the employer can be paid in exchange for daily allowances for shift method work established in the collective and individual labor contracts. At the same time, other types of compensation for the mobile nature of work and field allowances are not paid.

The calculation of the amount of allowances for the rotational method of work can be carried out in the following order:

When paying according to monthly official salaries, the salary of the corresponding employee is divided by the number of calendar days of the given month. The received daily rate is multiplied by the number of actual days the employee stays on shift and on the road, and the amount of the allowance is determined from this amount as a percentage;

When paying at hourly tariff rates - the monthly tariff rate by multiplying the hourly tariff rate by the number of working hours according to the calendar of the given month. Further calculation is carried out in the same manner as for employees paid according to monthly official salaries, in accordance with paragraph 31 of the methodological recommendations on remuneration of employees (order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated May 12, 2000).

List of used literature

1 N. A. Abuzyarova " labor law", Almaty 2002

2 "Fundamentals of State and Law" Sapargaliev G.S., Almaty, 1999

3 "Basic legislative acts on labor in the Republic of Kazakhstan", Almaty, 2005

4 Nurgalieva E. N. "Labor law in the new economic conditions", Almaty, 1990

5 Uvarov V. N. “ Labor law RK", textbook - Almaty, 2001

Hosted on Allbest.ru

...

Similar Documents

The concept and legal nature of an employment contract under the law Russian Federation. General procedure for concluding an employment contract. Grounds and procedure for terminating an employment contract. Transfer to another job. Definition and parties to an employment contract.

thesis, added 03/26/2011

The concept of an employment contract and its functions. Documents to be submitted when applying for a job. Parties and content of the employment contract. Features of its conclusion, term and main types. Denial of employment. The procedure for concluding labor contracts.

course work, added 02/16/2010

The concept of an employment contract. Its side and content. Conditions for concluding an employment contract. The procedure for its registration and grounds for termination. Employment contract as a basis for issuing an order for employment. Refusal of the employee to continue work.

abstract, added 01/26/2013

The concept of an employment contract. Its differences from civil law contracts. Description of the terms of the employment contract. General and special order of its conclusion. Features of the work of certain categories of workers. Transfer to another job, dismissal of an employee.

term paper, added 11/13/2011

Features of the employment contract: its concept and parties. The procedure for concluding an employment contract: documents required when applying for a job, conducting a test when applying for a job. Changing the terms of the employment contract determined by the parties.

term paper, added 11/09/2012

Legal characteristic, the concept and content of the employment contract, its types and parties, general order conclusions and changes, test when applying for a job. Termination and termination of the employment contract by agreement of the parties and expiration of the contract.

term paper, added 04/15/2010

test, added 01/16/2010

term paper, added 02/22/2016

The age at which the conclusion of an employment contract is allowed. The algorithm for concluding an employment contract and Required documents. Freedom and restriction of freedom of recruitment. Form of employment. Probation. Employment history.

test, added 03/31/2008

The concept of an employment contract, its parties and content. Coordination of the terms of the test when applying for a job. Changing the essential terms of the employment contract. Features of transfers and movements. General grounds for termination of an employment contract.

Introduction

The concept and content of an individual labor contract

Signs and types of an individual labor contract

Parties and the procedure for concluding an individual labor contract

Conclusion

Bibliography

Introduction

Based on the provisions of Article.Article. 7,8,9 Labor Law in the Republic of Kazakhstan the definition of an individual labor contract can be given as follows - this is a bilateral agreement between the employee and the employer, concluded in writing, according to which the employee undertakes to perform work in a certain specialty, qualification or position with the execution of the acts of the employer, and the employer undertakes to pay the employee timely and in full payment and other cash payments provided for by the legislation and agreement of the parties, ensure working conditions provided for by the labor legislation and the collective agreement.

An individual labor contract has the following features:

The employee undertakes to perform work related to a certain type of activity, a certain labor function;

Personal labor participation employee in the intended activities of the employer;

The employee must obey the employer's acts, in particular, the internal labor regulations;

The employer is obliged to pay the employee wages according to pre-established norms, in cash, not less than the minimum amount established by law.

.The concept and content of an individual labor contract

An individual labor contract is a written agreement between an employee and an employer, according to which the employee undertakes to perform a certain labor function (work in a certain specialty, qualification or position) subject to internal labor regulations, and the employer undertakes to pay the employee wages in a timely manner and in full and ensure normal working conditions.

Currently, of all forms of realization of the right of citizens to work, an employment contract should be recognized as the main form, since it is he who best meets the needs of market labor relations based on the hired nature of labor.

Along with the concept of an individual labor contract (hereinafter ITD), the so-called Contract . In a broad sense, a contract is any contract, any agreement between equal parties (subjects). In this sense, the contract is widely used in the field of entrepreneurial and other activities and is associated with the norms of various branches of law.

In the field of labor relations, the concept Contract is applied in a narrower, specific sense, is considered as a special form of an employment contract. The contract differs from a regular employment contract in that the terms of an individual employment contract cannot go beyond the law. The content of the contract may contain conditions that are not provided for by law. For example, under the terms of the contract, it may be provided that, upon reaching the agreed conditions, the employee will be provided with an apartment, a car, a place in kindergarten, the conditions for his dismissal, etc., may be specifically stipulated. Contracts are usually concluded with managers large enterprises, with athletes, cultural workers, teachers, etc.

Article 9 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan The content of the individual labor contract.

The individual employment contract must contain:

) details of the parties:

full name of the employer - legal entity and its location, number and date of state registration of the constituent documents of the employer - legal entity;

surname, name, patronymic (if indicated in the identity document) and position of the employer (his representative), and in the case where the employer is an individual, then the address of his permanent place of residence, name, number and date of issue of the document proving his identity ;

surname, name, patronymic (if indicated in the document proving his identity) of the employee, name, number, date of issue of the document proving his identity; social individual code number (SIC), registration number taxpayer (TIN);

) labor function (work in a certain position, specialty, profession);

) the term of the individual labor contract;

) the date of commencement of the performance of labor duties;

) characteristics of working conditions, guarantees and compensation

an employee for hard physical work or work in harmful or dangerous conditions;

) mode of working time and rest time;

) conditions of remuneration and labor protection;

) the rights and obligations of the employer;

- the rights and obligations of the employee;

) the procedure for changing, terminating and prolonging the individual labor contract;

) procedure for payment of compensations and provision of guarantees;

) responsibility of the parties;

By agreement of the parties, other conditions may be included in the individual labor contract.

.Signs and types of an individual labor contract

One of the signs individual contract is the specificity of the subject matter of the contract. According to the ITD, the employee undertakes to perform work related to a certain type of activity, i.e. specialties, professions, qualifications, positions that an employee must perform at a certain time.

A profession is a type of labor activity, which is determined by the nature and purpose of this activity. For example, a doctor, a teacher, a lawyer, a builder…

Specialty is specific view, the direction of this profession, in which the employee has deep and comprehensive knowledge and skills that allow him to work most efficiently. For example, the profession is a doctor, a specialty is a surgeon, pediatrician, therapist; profession lawyer, specialty prosecutor, lawyer, judge.

Qualification is the degree of training in this profession, the level special training and experience. Qualification shows what level of complexity the work is capable of performing this worker. The level of qualification of an employee is determined by the category, category. For example, a surgeon of the highest category.

In accordance with an individual labor contract, the employer has the right to require the employee to perform only that work (certain labor function) in the profession, specialty and with the qualifications specified in the ITD. And only in exceptional cases can an employee be required to perform other work that is not related to the type of activity for which the employee was hired.

The indication in the individual labor contract of a certain labor function is of great practical importance. The possibility of moving an employee from one job to another without his consent depends on this, when such a move is not a transfer to another job. At the same time, the amount of wages, the duration of vacation, and the provision of benefits remain unchanged. Another important feature of an individual labor contract is the personal participation of the employee in production activities. This involves the enrollment of an employee in the staff of an enterprise, organization and inclusion in production activities this enterprise or institutions. Since the individual labor contract takes into account the personal ability of this employee to work, the replacement of this employee by another without the consent of the employer is not allowed.

The subordination of the employee to the internal labor schedule is the next sign of an individual labor contract. Any institution, enterprise works according to a certain labor schedule, which ensures a clear and well-coordinated work of the team. Compliance with the internal labor regulations is the responsibility of the employee. However, it should be understood that these rules may not apply to all employees. These rules may not apply to individual workers or groups of workers due to the nature and characteristics of their work. Some rules may apply only to certain employees and may not apply to the majority of employees. All such issues can be specified in an individual employment contract.

A feature of an individual labor contract is the obligation of the employer to pay wages to the employee (Article 70 of the Labor Law). Salary has the following features:

· be paid in accordance with the quantity and quality of labor, based on uniform criteria for assessing labor (rates and salaries);

payment is made according to predetermined norms;

The main part of the payments (tariff rates and official salaries) does not depend on the profitability of the enterprise, and the additional part (bonuses and other payments) may depend to a certain extent on the profitability (profitability) of the enterprise ( this feature concerns budgetary organizations);

It is produced, as a rule, in the form of money;

cannot be lower than the minimum amount established by law;

Sizes are not limited.

Article 10 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan

An individual labor contract can be concluded:

) For undefined period;

) for a certain period of time;

) for the period of performance of certain work or for the period of replacement of a temporarily absent employee.

If the term of its validity is not specified in the individual labor contract, the contract is considered to be concluded for an indefinite period.

Thus, according to Article 10 of the Law of the Republic of Kazakhstan, all employment contracts

are divided into:

) with an indefinite period of validity;

) fixed-term up to five years;

) to perform certain work or to replace a temporarily absent employee.

Employment contracts concluded for an indefinite period are a typical type of employment contract. They indicate the start date and do not indicate the end date of the contract. It is assumed that permanent work is associated with such an agreement, not limited by any period.

Fixed term contracts are not typical. They are concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work or the conditions for its performance. However, they have become widespread in recent years. The main difference between a certain period and an indefinite one is the exact date for the completion of an individual labor contract.

Among fixed-term contracts labor contracts with temporary workers and labor contracts for the period of seasonal work are common. Temporary workers are those hired for up to two months. When concluding an individual labor contract with temporary workers, as well as in the order (instruction) on employment, it must be indicated that this employee is hired for temporary work or a specific period of work is indicated. When hiring for seasonal work, an individual labor contract is concluded for the season.

Seasonal work is recognized as work that, due to natural and climatic conditions, is performed during a certain period of the year (season), but not more than six months.

Persons hired for temporary and seasonal work must be warned about this in advance when concluding a contract. Otherwise, the contract with them will be considered as concluded for an indefinite period.

A special type of fixed-term individual labor contract is a contract for the duration of a certain work. Such contracts are concluded in cases where the time of completion of the work cannot be precisely determined (for example, a specific date for the completion of construction).

Upon the return of a temporarily absent employee, by mutual agreement, the dismissed employee may be provided by the employer with another job.

If the individual labor contract does not specify the term of its validity, then the contract is considered concluded for an indefinite period and the employer is not entitled to dismiss the employee in connection with the expiration of the individual labor contract.

Employment contract for part-time work. A part-time job is understood as the performance, in addition to the main, of other regular paid work. In this case, it is necessary to conclude two employment contracts: for the main and combined work.

Employment contracts with homeworkers. In necessary cases, an employment contract may be concluded with persons who, for whatever reason, prefer to work at home. Homeworkers are considered to be workers who have concluded an individual labor contract with the employer on the performance of a labor function (work) at home from the employer's material using their own tools and means of labor, or allocated by the employer. The conclusion of employment contracts with homeworkers is allowed only when they have the necessary living conditions that meet the requirements of sanitary and fire supervision.

Employment contracts with domestic workers. Domestic workers enter into employment contracts to perform work in the household of citizens, to provide them with technical assistance in literary and other creative activities, assistance in raising children and other types of services. These contracts are not concluded if the work is short-term - up to ten days within a month.

.Parties and the procedure for concluding an individual labor contract

The parties to an individual labor contract are: an employee, i.e. a citizen who has reached a certain age, has labor legal personality, who has entered into contract of employment with the employer and performing certain work under an individual labor contract, and the employer (legal or natural person) who hired the employee and provided the relevant work, with whom the employee concluded an individual labor contract. The parties to an individual labor contract are equal in its conclusion - both parties have the right to choose the other side of the labor contract, they equally bear obligations, they are equally obliged to obey the internal labor regulations. However, after signing an individual labor contract, one party becomes subordinate, and the other gives orders and orders that are binding.

a) mandatory, pre-established by laws and other regulatory legal acts on labor;

b) additional, developed by the parties.

The first group of conditions cannot be changed for the worse for the employee. They are binding on the parties to the contract. Without them, there is no employment contract or this type of contract. For example, in Article 45 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan it was established that the normal working hours should not exceed 40 hours a week and the parties to an individual labor contract may not, at their own discretion, establish a longer working time per week than is provided for in the law. Such conditions are considered necessary, without which an individual labor contract is not considered concluded. These include conditions for:

place of work indicating the location of this organization on the day of the conclusion of the ITD, i.е. in which organization (or its division) this employee will work. Therefore, a transfer to another locality, even from the same organization, always requires the consent of the employee, since this is considered a change in the conditions of the ITD. In the conditions of Kazakhstan, this is of great importance, since departments, branches and representative offices of an organization can be located at a considerable distance from each other and differ in natural and living conditions;

the labor function of the employee, i.e. specialty, qualifications, position in which the employee will work.

The agreement on the labor function reached at the conclusion of the ITD predetermines a set of rights and obligations of the employee, which are associated with working hours, holidays, pay, various benefits and benefits. The employer does not have the right to require the employee to perform work not stipulated by the ITD, as this entails a change in the conditions of the ITD and is a transfer to another job that requires the written consent of the employee (Article 17 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan ). The condition on the labor function of an employee may also include a combination of professions (specialty).

the amount of the employee's wages. The state provides guarantees for wages not lower than the established minimum wage.

These guarantees apply to employees of all enterprises and organizations, regardless of the form of ownership, departmental affiliation and areas of activity. When determining the amount of remuneration, they are guided by tariff rates, salaries, but a tariff-free system can also be applied if the organization considers such a system to be the most appropriate. Type, wage system, dimensions tariff rates, salaries, bonuses, other incentive payments, the organization has the right to determine independently, however, the amount of remuneration should not be lower than the established minimum amount. In market conditions, when concluding an individual labor contract, an employee cannot be deprived of the opportunity to personally negotiate with the employer on the terms of payment for his work. This would be contrary to the principle of freedom of labor contract. At the same time, the established guarantees on the minimum amount of payment play a role landmarks and do not bind the will of the parties to the individual labor contract. Only those conditions of an individual labor contract that worsen the position of an employee in comparison with labor legislation are invalid.

These three necessary conditions must be in every employment contract. These the necessary conditions can be expanded to include:

start time. This necessary condition of an individual labor contract is essential for labor relations, because It is with him that the actual realization of the right of citizens to work is connected. From that moment on, the employee is subject to the legislation on wages. Usually, the start of work follows immediately after the conclusion of the ITD. However, the parties may also agree on some delay in this moment, for example, in connection with the need to transport the family, property to a new place of residence. In practice, the start of work is determined by the date indicated in the order for admission to work or the time of actual admission to work, if there is no date in the order.

type of contract (fixed-term, open-ended, seasonal, temporary work, combination of professions, part-time work, flexible work schedule and other types).

When concluding an employment contract, the parties may agree on various additional conditions, which include all the rest, except for the mandatory ones determined by labor laws: on a probationary period, on working hours, on non-disclosure of trade secrets, etc.

In terms of their content, additional conditions can be very diverse. Additional conditions, as mentioned above, can be developed independently, but may also be provided for by law. But in any case, the employee and the employer are independent in developing additional conditions for an individual labor contract. For example, they have the right to agree that upon reaching a certain level of work efficiency, the employee will be encouraged by some kind of material reward, he may be provided with a car, apartment or trip, etc. The absence of an agreement on additional conditions is not a basis for recognizing an individual labor contract as not concluded.

But the importance of additional conditions of an individual labor contract cannot be underestimated. If the employee and the employer have come to an agreement on some additional conditions and they are included in the individual employment contract, then these conditions become binding on the parties and, like necessary conditions, cannot be changed unilaterally.

Both necessary and additional conditions have a certain legal significance: they are binding on the parties and affect the fate of the employment contract and labor relations. Failure to do so will result in certain legal consequences. However, the necessary terms of the ITD must always be considered at its conclusion and in respect of them the parties are obliged to come to an agreement. If an agreement on them is not reached, then it is impossible to talk about the conclusion of an ITD. Additional conditions do not imply such a strict agreement. The parties may or may not include these terms in the content of the ITD. But if one of the parties declares the need to include a certain condition in the ITD, then such conditions should be considered as significant, affecting the fate of the contract itself. For example, if an employer puts forward a condition on a probationary period when hiring, then it becomes essential condition labor contract.

Article 12 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan

An individual labor contract is concluded in writing, drawn up in at least two copies and signed by the parties. One copy of the individual labor contract is transferred to the employee after signing by the parties.

The beginning of the performance of the employee's labor functions is considered the date of commencement of work specified in the individual labor contract. In cases of absence and (or) failure to properly draw up an individual labor contract on the part of the employer, the effect of the individual labor contract begins with the actual admission to work.

After the conclusion of an individual labor contract, the employer is obliged to issue an order on hiring an employee, which is brought to him against receipt.

To conclude an individual labor contract, the employer has the right to require documents confirming the employee’s labor activity, an identity card (passport), a certificate of assignment of a social individual code, a pension contract, a birth certificate for

persons under sixteen years of age, a document on education or training and other documents provided by law.

An employee has the right to enter into individual employment contracts with several employers that provide for part-time work.

An individual labor contract with the head of an organization is concluded by the owner of the organization or a person or body authorized by the owner for a period established by the constituent documents of the organization or by agreement of the parties.

Amendments and additions to an individual labor contract are made in the manner prescribed for its conclusion.

Labor legislation imposes uniform requirements on the procedure for concluding employment contracts. These requirements are contained in Article 12. Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan . According to these requirements, an individual labor contract is concluded in writing, drawn up in at least two copies, signed by the employer and the employee. When hiring and concluding an ITD, the employer has the right to require the employee to submit documents in accordance with paragraph 4 of article 12 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan . Employment without the presentation of these documents is not allowed. When concluding an employment contract, it is prohibited to demand from an employee documents that are not provided for by law (for example, certificates of previous work, marital status, written references from previous work, etc.). Documents confirming labor activity.

Article 13 of the Law of the Republic of Kazakhstan About work in the Republic of Kazakhstan . Documents confirming the labor activity of an employee may be: a work book (if any) or an individual labor contract or extracts from orders for admission and dismissal. law About work in the Republic of Kazakhstan workbook has not been cancelled. At the request of the employee, the employer must make entries in it confirming his labor activity and length of service. However, the Law does not oblige the employer to maintain and store it.

The work book is the main document on labor activity. It certifies that the employee has all types of work experience, the nature and timing of the work performed by him, the reasons for dismissal and contains information about his age, education, profession, which are entered in the work book on the basis of relevant documents. Thus, the work book is a kind of work passport of the employee. If the employee quit of his own free will and for a good reason (leaving for study, retirement, change of residence, etc.), or for another reason, then this reason is indicated in work book. No corrections, deletions in the work book should be made. All erroneously made entries are canceled by indicating in the next paragraph that the previous entry is considered invalid. An individual labor contract at a former place of work, extracts from orders for admission and dismissal are also documents confirming labor activity, but they do not give a complete and clear picture of the nature of labor activity, work experience, etc. When applying for a job that requires special knowledge (for example, to work as a doctor, lawyer, architect, agronomist, programmer, etc.), the employer must require the employee to present a diploma or other document confirming the education or training received.

The employment contract is concluded in writing, drawn up in two copies and signed by the parties. One copy is given to the employee, the other is kept by the employer. Employment is formalized by order (instruction) of the head of the organization, which is presented to the employee against receipt. In the absence or failure to properly draw up an individual labor contract on the part of the employer, the labor contract is considered concluded if the employee has started work with the knowledge or on behalf of the person who has the right to hire. For example, if the foreman allowed the employee to work without the knowledge of the director of the organization, this will not be proof of the conclusion of the contract. But if the foreman allowed the employee to work with the knowledge or on behalf of the director, the employment contract will be considered concluded. At actual admission the employee to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the start of work. An employee invited to work in the order of transfer from another organization as agreed between employers cannot be refused to conclude an employment contract. Upon admission to work, the administration is obliged to familiarize the employee with the assigned work, working conditions, explain his rights and obligations, including functional ones, familiarize him with the internal labor regulations, the collective agreement in force in this organization, conduct a preliminary safety briefing with him, occupational health and other rules on labor protection and fire protection.

Persons who have a criminal record for embezzlement, embezzlement and other mercenary property crimes cannot be hired for materially responsible positions (cashiers, storekeepers, sellers, etc.). Dismissed for embezzlement and abuse should not be accepted into public trade organizations for work related to material values, or control and revision work.

Conclusion

An individual labor contract is of great social, economic and legal importance. The social significance of an individual labor contract lies in the fact that with its help the rights of citizens to work are realized, and the labor contract contributes to the development of the country's labor force. The economic significance of an individual labor contract is that it is the main legal form of providing the country with the necessary personnel. The legal meaning of an individual labor contract is that the labor contract is the basis for the emergence of labor relations, the basis for the application of the Labor Law in the Republic of Kazakhstan to the employee and protects the personality of the employee, his labor honor and dignity.

Collective agreement- this is legal act regulating social and labor relations between employees of the organization (enterprise) and the employer. The collective agreement provides for the rights and obligations of the parties in the field of social and labor relations at the enterprise level. The contract is concluded at any enterprise in the country, regardless of its form of ownership, departmental subordination and the number of employees (if the trade union organization or the general meeting of employees of the enterprise decides so).
The procedure and terms for the development of a draft agreement, the composition of the working commission, the progress of the conclusion of the agreement, the venue for negotiations and the agenda are determined jointly by the administration and the trade union organization. These decisions are formalized by order of the administration and minutes of the meeting. trade union organization.
The draft agreement developed by the working commission is discussed, finalized and approved general meeting labor collective, and then signed by the participants (representatives of the parties). The signed collective agreement is sent for notification registration to local organization labor.
The content and structure of the collective agreement depend on the socio-economic interests of the collective and financial condition enterprises. Thus, the contract may include mutual obligations of the employer and employees for following questions:

form, system and amount of remuneration, monetary rewards, allowances, compensations and additional payments;
mechanism for regulating wages (based on rising prices, inflation, performance indicators economic activity);
employment, retraining and conditions for the release of workers;
duration of working time, rest and vacation time;
improvement of working conditions and labor protection of workers, including women and youth (teenagers);
voluntary and compulsory medical and social insurance;
observance of the interests of employees during the privatization of an enterprise, departmental housing;
environmental safety and health protection of workers at work;
benefits for employees who combine work with education;
control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, social partnership, ensuring normal conditions for the functioning of employees' representatives;
refusal to strike under the conditions included in the contract, with their timely and complete implementation,

The collective agreement may contain a number of applications:

an estimate of the formation and expenditure of the payroll fund;
cost estimate of the social protection fund or other similar fund, if it has been created;
a list of tariff rates (salaries) of the 1st category for employees on time and piecework wages, and tariff coefficients;
provisions on bonus payments to employees of the enterprise (there may be several such provisions, in relation to employees of different structural divisions or different categories of personnel);
dimensions official salaries highly skilled workers performing important and responsible work named in the collective agreement;
minimum salaries of heads of structural divisions, specialists and employees;
lists of professions and jobs with especially difficult and especially harmful, difficult and harmful working conditions; when working under these conditions, employees are entitled to additional payments for working conditions;
action plan for labor protection;
cost estimate for labor protection;
a plan of organizational and technical measures to improve working conditions, etc.;
schedule for attestation and certification of workplaces;
regulation on bonuses for length of service and based on the results of work for the year;
plan of health-improving and preventive measures;
a list of works in the course of which employees receive milk or other equivalent food products free of charge.

A collective agreement may be concluded for a period of one to three years. The contract specifies guarantees for the reorganization or liquidation of the enterprise, as well as ways to control the execution and measures of responsibility of the parties.
Individual labor contract (Contract) is legally binding contract concluded between the employee and the employer and providing for the rights and obligations of the parties to the labor process. An agreement (contract) is concluded in writing when hiring an employee for work, and for previously hired employees - as an agreement to continue working in this team.
The contract may be concluded: for an indefinite period; for a certain period, but not more than 5 years; while doing a certain job.
Mandatory conditions included in the contract are: place of work; labor function (profession and qualification of the employee); for a fixed-term contract - the date of commencement and completion of work, and for an open-ended contract - only the date of commencement of work; obligations of the employer in the field of labor protection at the enterprise.
The contract may also include the following additional conditions specifying the obligations of the parties:

establishment of a probationary period;
combination of professions;
retraining, training in second and combined professions;
regular professional development;
duration of additional leave;
working hours and rest periods, etc.

The contract may establish and stipulate a higher wage for the employee than specified in the collective agreement, as well as provide for various additional payments and allowances of an incentive or compensatory nature (for example, for professional excellence, high qualification, class, degree, deviation from normal working conditions, etc.). The amount of this kind of surcharges and allowances can also be set at more than high level than stipulated in the collective agreement. Possibility of awarding individual character.
If an employee needs to specify the working hours, this can also be specified in the individual labor contract, as well as the duration of annual leave, including additional, as well as additional benefits and services in comparison with the legislation in social services, additional medical insurance and others
The contract should not indicate the grounds for dismissals not provided for by law, disciplinary action and the introduction of full liability for employees.
In Russia, with the strengthening of market relations, the practice of labor contracts is developing. In the recent past, enterprises also entered into collective agreements, but they were of a different nature.
In market conditions, the manifestation of opposing interests of employers and employees is increasing, therefore, the importance of employment contracts is increasing, designed to protect the rights of the parties by establishing measures of responsibility for violation of the terms of the agreement.
To protect their interests, employees are united in trade unions. The trade union is voluntary public association citizens connected by common industrial or professional interests by the nature of their activities; is created in order to represent and protect their social and labor rights and interests. The role of trade unions in society as an institution for protecting the owner of the commodity "labor force" is very great.
The main activities of trade unions include:

representation and protection of social and labor rights and interests of employees;
promotion of employment of the population;
conducting collective negotiations, conclusion of collective contracts and agreements; control over their implementation;
participation in the settlement of collective labor disputes;
obtaining and using information on social and labor issues;
participation in the organization of training and advanced training of trade union personnel;
monitoring compliance with labor laws;
participation in the formation of programs for the protection of labor and the environment;
participation in the privatization of state and municipal property;
social protection workers.

In the most developed countries, the positions of trade unions are traditionally strong in solving the following tasks:

raising wages to a level corresponding to the concept of sufficient for the normal existence of a person in given socio-economic conditions;
shortening the working day and improving working conditions;
the use of benefits due to the specifics of this type of work in order to maintain normal performance;
the application of measures to influence employers in case they do not accept the requirements of employees;
maintaining the number of employees at the enterprise;
reduction of staff turnover and layoffs at the initiative of the administration;
regulation of labor disputes.

Labor disputes (conflicts) are not uncommon at enterprises, including collective ones relating to labor and wage issues. Labor disputes between the employee and the administration of the enterprise are considered: firstly, by commissions for labor disputes at enterprises and, secondly, by district (city) people's courts. Consideration of collective labor disputes takes place in accordance with the Law of the Russian Federation "On the procedure for resolving collective labor disputes" dated November 23, 1995 No.

Similar information.

Individual employment contract labor relations belongs to the main legal normative document. Its legal force and social significance are determined, first of all, by the Constitution of the Republic of Kazakhstan. In world practice, an employment contract is a generally recognized and legally the most effective form of realization of freedom, abilities, needs and interests of a person in the field of labor relations.

An individual labor contract is a bilateral agreement between an employee and an employer, made in writing, according to which the employee undertakes to perform work in a certain specialty, qualification or position subject to internal labor regulations, and the employer undertakes to pay the employee wages and other provided by the legislation and the agreement of the parties, cash payments, ensure the working conditions provided for by the labor legislation and the collective agreement.

An individual labor contract must be concluded in writing and must contain:
1) details of the parties - the full name of the employer - legal entity and its location, number and date of state registration of constituent documents; surname, name, patronymic, position of the employer, and if the employer is an individual, then the address of his permanent residence, name, number, date of issue of his identity document; surname; name, patronymic of the employee, name, number, date of issue of the document proving his identity; social individual code number (SIC), taxpayer registration number (TRN);
2) the labor function of an employee (work in a certain position, specialty, profession);
3) the term of the individual labor contract;
4) the date of commencement of the performance of labor functions;
5) description of working conditions, guarantees and compensation to the employee for hard physical work in harmful or dangerous conditions;
6) regime of working time and rest time;
7) conditions of remuneration and labor protection;
8) the rights and obligations of the employer;
9) the rights and obligations of the employee;
10) the procedure for changing, terminating and prolonging the individual labor contract;
11) the procedure for paying compensation and providing guarantees;
12) responsibility of the parties. By agreement of the parties, other conditions may also be included in an individual labor contract (Article 9 of the Labor Law).

The individual labor contract is drawn up in duplicate and signed by both parties. One copy of the signed contract is transferred to the employee, and the other to the employer. The terms of remuneration and material incentives for the work of an employee in the contract are established by agreement of the parties.

According to the Labor Law, the termination of an individual labor contract occurs due to two circumstances:
1) termination of an individual labor contract due to the expiration of the term due to circumstances beyond the control of the parties;
2) termination of the employment contract by agreement of the parties, at the initiative of one of the parties and other circumstances provided for by law.

In addition to the above, in the legislation there are other grounds for terminating an individual labor contract at the initiative of the employer:
1) non-compliance of the employee with the position held or the work performed;
2) absence from work for more than two months due to temporary disability;
3) reorganization;
4) the employee's refusal to be transferred to another locality together with the organization;
5) if the employee refuses to transfer to more light work;
6) the employee's refusal to continue working due to a change in working conditions;
7) repeated non-performance by the employee without good reasons work responsibilities;
8) a single gross violation of labor duties by an employee.

Types of working time: normal duration; reduced duration; incomplete; overtime.

Normal working time is the length of working time that an employee must work for a certain period (day, week, year). In accordance with Art. 45 of the Labor Law, the normal working time of employees in an enterprise cannot exceed 40 hours per week.

For certain categories of workers, a reduced working time is established, which does not entail a reduction in wages. When rationing working time, the legislator took into account the physiological characteristics of the body of some workers, working conditions, the nature of the labor activity of workers. Labor legislation provides for reduced working hours for workers under the age of 18: at the age of fourteen to sixteen - no more than 24 hours a week; from sixteen to eighteen years old - no more than 36 hours a week; for workers engaged in heavy physical work and work with harmful working conditions - no more than 36 hours a week. Reduced working hours for workers of certain professions due to harmful working conditions may also be provided for by collective and individual labor contracts.

Types of rest time: a break for rest and eating; break between shifts weekends and holidays; vacations (annual paid, additional, educational, social).