Advocate advice: what to look for in an employment contract so that he cannot dream of a salary

a number of people are going to work and start looking for a new one. It’s a good idea to prepare for this and know what to look out for before signing an employment contract. Is it better to flourish on wages in mrr, or on wages in employment contracts? And what else are you paying attention to? Lawyer Pavel Nastis answered the questions.

What must the employment contract contain?
According to the end of the work, the employment contract must contain the following three data:
the type of work that the employee can perform for the employer,
the city or cities of work performance in which the work is to be performed,
day of entering work.

The employment contract must, of course, contain the designation of the contracting parties, it must be concluded in writing and the employee and the employer will receive one copy of the contract.

He is obliged to explain the requirements of the contract in more detail. The day of starting work is clear, there is probably no danger of misunderstanding there?
The day of starting work I have the knowledge that on this day the employment is established. For this reason, it is important to agree on this day in the employment contract. In practice, I have never encountered the fact that there would be a problem with determining the day of entry into work, because the day of entry into work was usually agreed as a certain date (eg 1. 5. 2020).

However, it can also be arranged in another way, not by specifying a specific date (eg the day after the employee reaches the age of twenty-five). In such a case, I can imagine that a problem may appear in practice, because you will learn that the day of starting work was not agreed to be certain. Therefore, I do not recommend such an agreement on the day of entry into work, the parties could thus be exposed to the risk of invalidity of the employment contract.

How can I have a specific type of work? Is it possible to just mention the assistant editor or the warehouseman in the contract? How do I then find out what exactly is right in my job?
In this respect, the two contracting parties have a wide contractual freedom. It is even possible to arrange more types of work that the employee will perform. In the employment contract, it is possible to validly agree on the type of work as a warehouse worker, assistant director, etc. in such a way that the document is stored on the intranet and the employee can download and print it).

The employer changes my job at any time, but of course I always have to stay in the limits given by the type of work agreed in the employment contract. If the employment contract were agreed directly in the employment contract (or it would follow from the circumstances of the case that the contracting parties agreed that the employment contract could be changed only by agreement of the parties), then the employer could not unilaterally change the content of the employment contract.

What about the city of power? Is it possible that if the customs office is stated in the contract as the place of work, I will not be entitled to travel in the event of a business trip?
The place of work power can be determined very hard (eg specifically to work in the operating hall) or very broadly (eg on the ground R), it can be even more than one place of work power.

If the employer discharges the employee to perform work outside the agreed place of work, it is a business trip and the employee does not pay travel expenses. Travel expenses pay employees not only in the case of a business trip, but also in the case of a trip outside of working regularly.

In the employment contract, it is necessary to work uniformly for all members of travel reimbursements, not more than one municipality. If it is not agreed, it is based on the place of work agreed in the employment contract. If more than one municipality agrees on the place of work, it is considered regular to work the municipality in which the employees most often work for the work. In practice, this means that even if the customs contract R is agreed in the employment contract as the place of work, the travel expenses must be reimbursed by the employer.

I was quite surprised at how much it had to be in the employment contract. If, for example, my employer promises me to go to work and from nine, because I drive children to the bike, to ask him to be enshrined in the contract?
The employment contract really does not have to negotiate anything, not in the list of essential matters. Not even in wages. And I agree with you in that it is surprising, because on the one hand the work is very protective, but on the other hand it did not impose an obligation to negotiate a wage in the employment contract.

In employment contracts, of course, you can arrange a lot of other first and duty, such as. first salary, probationary period or even arrests and ends of shifts, it is always at the agreement of the contracting parties.

Is it appropriate to have a salary agreed in the employment contract?
Urit yes. The end of the work is that the wage is agreed in the contract or the employer of the statutes determines it by an internal regulation or determines the wage rate. If the wage is agreed in the contract, then it can be changed (ie raised or dreamed) again only by agreement between the employer and the employee.

However, if the wage is also determined unilaterally by the employer, by an internal regulation or by the wage rate, then it can be changed unilaterally at any time (ie not only to increase, but mainly to dream), without the consent of the employee.

It is therefore always appropriate for the employer not to have the wage agreed in the employment contract, while on the contrary, it is appropriate for the employee to have the wage agreed in the employment contract.

As in any particular case, it will be bad for the agreement of the parties, on who will have a strong negotiating position when concluding an employment contract. In the vast majority of cases, this is understandably the employer, but I can also imagine a situation where a specific employee is so important to the employer that the employer concludes that the wage will be agreed in the employment contract.

Some wage components are non-entitlement. What about rewards, for example?
As follows from the nomenclature, the difference between the annual and non-annual components of wages is due to the fact that the employee is either entitled to this component or not.

Typically, the annual component of wages are such remuneration (premiums), which the employer must provide to employees if they meet previously agreed or set criteria, such as achieving a certain amount of turnover, gaining a certain sweat of new orders, etc.

The non-entitlement components of wages include, for example, personal appraisal, remuneration for the increase of labor force, etc., here it depends only on whether the employer decides on their admissible employees.

What about trial time?
The trial period is not a piccoon at the end of the work. This means that if the probationary period is not agreed in the contract, then it is not possible.

The end of the work regulates the rules for the agreed probationary period, which may not be longer than three consecutive months from the date of employment; in the case of managers, the six months and the agreed trial period cannot be extended. But beware, at the same time, that the probationary period is extended by the period of all-day check-in at work, for which the employee does not work during the probationary period, and by the probationary period.

What about working hours and the need for a holiday? It doesn’t even have to be in the employment contract?
The schedule of working hours and arrests and the end of the shift is determined by the employer. You do not need these data to be agreed in the employment contract. In the same way, the leave does not have to be regulated in any way in the employment contract. The minimum length of permission is determined at the end of the work. The end of the work stipulates that the employer is ordered to use the contract and how are the rules (eg the employer is obliged to notify the employee in writing at least 14 days in advance, if the provider is allowed in several hundreds , if the employee and the employer do not agree on another long – term leave, etc.).

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