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Introduction

The concept of an individual employment contract

General procedure for concluding ITD

Probationary period when hiring

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. On the basis of an employment contract, a labor legal relationship is established between an employer and an employee. Labor relations, not other branches of law, apply to labor relations arising on the basis of an employment contract. 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 An enterprise, institution, or organization undertakes to pay the worker wages and ensure working conditions provided for by labor legislation, the collective agreement and the agreement of the parties.

An individual labor contract (ILC) became a mandatory part of the labor agreement between an employee and an employer after our country entered a new stage of development - a 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 employment contract

individual employment contract

The employment contract was distinguished from civil law contracts; initially 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 between two commodity owners, two subjects of law, formally equal before the law, freely and on equal terms entering into a contractual agreement among themselves. He had a number of characteristic features:

the contract legally formalized the relationship of exploitation of the hired 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 acted as a commodity circulating in civil circulation, therefore the capitalist labor contract was a commodity transaction, a civil law contract;

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

the process of consumption of labor power occurred through the use of a worker - the carrier of labor power in the employer's economy, while the worker was included in the capitalist cooperation of labor, which had the inevitable consequence of his subordination to the power of the employer, in other words, subordination to the internal labor regulations of the enterprise;

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

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

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

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

An individual employment 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 acts of the employer, and the employer undertakes to pay wages and other wages and others provided for by law on time 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, a 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 is external labor functions in the general labor process of a given organization, that is, work in a certain specialty, qualification, position.

Specific signs of ITD are:

a) the employee’s personal performance of duties related to his or her assigned job function;

b) inclusion of the employee in the organization’s workforce;

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

In Germany, the main legal source for regulating the employment contract is the Civil Code, in which the employment contract is considered as one of the types of civil legal contract of employment and services, its specificity lies in the personal dependence of the employee on the employer. The Civil Code treats an employment contract as an ordinary binding transaction. In countries with developed market economies, there are a large number of types of employment contracts: an employment contract for an indefinite period, for a certain period, for part-time work, an employment contract with “agency workers”, a group employment contract, an employment contract with sales agents, professional athletes, domestic employees, foreign workers, civil servants, part-time employment contracts, etc.

An employment contract with agency workers is used when private agencies are hired to work, which periodically “hire” them for various periods of time to customer firms, i.e., workers thus have, as it were, two employers.

Different countries have established a certain framework for so-called fixed-term labor contracts, which are permitted only in cases established by law (for seasonal work, replacing temporarily absent workers, for temporary expansion of production, for performing casual work of short duration, etc.). Fixed-term employment contracts are prohibited from entering into during normal regular work.

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

An employment contract is a contract through which an employee agrees to work in exchange for wages and under legal subordination.

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

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

Necessities include:

place of work

labor function

start time

employee remuneration.

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

The ITD is concluded by the parties in writing. It includes not only basic but also additional conditions.

According to Art. 9 of the Labor Law 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 of the constituent documents of the employer - legal entity; full name;

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

Full name of the employee, name, No., date of issue of the document, No. SIC, No. TRN;

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

start date of work duties

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

working hours and rest hours;

terms of payment and labor protection;

rights and obligations of the employer;

employee rights and obligations;

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

11) the procedure for paying compensation and providing guarantees;

12) responsibility of the parties.

1-1. When concluding an ITA for a certain period, mutual liability of the parties for 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 does not have the right to require the employee to perform work not stipulated by the ITD, except in cases provided for by this Law and other legislative acts of the Republic of Kazakhstan.

General procedure for concluding ITD

In accordance with Article 12 of the Labor Law, the ITD is 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 ITD with the attachment of the Procedure for concluding an ITD was approved. 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 characteristics of production, specific tasks facing the organization, as well as the material and financial capabilities of the employer. However, the contract must include the terms that the employee has the right:

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

to equal pay for equal work without any discrimination;

under working conditions that meet safety and hygiene requirements;

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

to rest;

for compensation for damage caused to the employee’s health or property in connection with the performance of his job 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 become familiar with the collective agreement and acts of the employer;

improve your professional qualifications.

The ITD must also include the following responsibilities of the employee:

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

observe labor discipline;

do not allow property damage to the employer in the process of work;

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

not to disclose information entrusted to him in accordance with the ITD that constitutes an official, commercial or other secret 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, amend and terminate labor agreements 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 powers;

encourage employees, bring them to disciplinary and financial liability in the manner prescribed by law;

for compensation for damage caused to him by the employee;

to terminate the work of the organization and dismissal of workers if they participate in organizing and conducting a strike declared illegal by a court decision;

create and join associations of employers for the purpose of representing and protecting their rights and interests;

establish a probationary period for the employee;

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

Employer Responsibilities:

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

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

provide employees with the means and materials necessary to perform their job duties;

when concluding an ITD, familiarize the employee with the collective agreement and the employer’s acts;

pay salaries and other payments provided for by the regulations of the Republic of Kazakhstan in a timely manner and in full.

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

insure liability for harm to the health and life of an employee during the performance of his work duties;

submit to the state archive documents confirming the labor activity of employees and information about the allocation of money for their pensions;

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 employer conduct preliminary negotiations. To conclude it, the employer has the right to require documents confirming the employee’s work activity, an identity card, a certificate of assignment of a SIC, a pension agreement, a birth certificate for persons under 16 years of age, a document on education or professional training and other documents provided by law.

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

In many countries with developed market economies, a work book is not used. But there are certain documents that an employee must provide to the employer upon starting a job. For example, in Germany they are called “labor papers” and include social security and tax payment cards.

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

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

Employees of food industry enterprises, public catering and trade, water supply facilities, medical and preventive and child care institutions, as well as some other enterprises undergo the specified medical examination for the purpose of public health protection.

All persons under 18 years of age are hired only after a preliminary medical examination and subsequently, until they reach 18 years of age, are subject to an annual mandatory medical examination.

In the Republic of Kazakhstan, close relatives can work together in private organizations if they are subordinate to each other, but in government organizations this is unacceptable.

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

Persons entering the civil service are subject to certain requirements. They have to:

have citizenship of the Republic of Kazakhstan

be at least 18 years old

have the necessary education and level of professional training.

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

The minimum age should not be lower than the age of completion of compulsory school education and, in any case, should not be lower than 15 years.

In developed countries, the most common minimum age for employment is 15-16 years, and for dangerous and harmful jobs - 18 years. All countries have various exceptions and exceptions to the minimum age for employment. Thus, in the United States, according to 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 employ children from the age of 12 in a wide range of jobs, including agricultural work, work in trade, and offices.

Probationary period when hiring

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

An employment test may be established in accordance with the Labor Law in relation to any employee by agreement of the parties. This provision also applies when hiring seasonal workers.

The condition of the probationary period must be indicated in the ITD. If it is indicated only in the hiring order, announced to the employee against receipt, the establishment of a 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. Unilateral establishment of a probationary period by an employer is a violation of the employee’s rights. During the probationary period, the employee’s working conditions should not differ from the working conditions of others, and at this time the employee is fully covered by labor legislation, he is subject to the internal labor regulations, his work is paid in accordance with general standards and prices or salaries and tariff rates. He has the right to social insurance, etc. The probationary period does not count not only periods of temporary incapacity for work, but also the time spent on performing state and public duties, therefore the probationary period continues after the break, but the duration of the probationary period before and after the break cannot more than the agreed period. It is not required to issue an order to hire an employee who has completed the probationary period.

Before the expiration of the trial period, each party has the right to terminate the ITD. It is considered terminated from the moment of written notification, this can be a statement from the employee, or, for example, a registered letter with notification, notification by fax, etc.

An ITD concluded for any period, if it stipulates a test for employment, can be terminated after notification, regardless of the employee’s suitability for the work assigned to him and the working conditions provided by the employer.

In countries with developed economies, the introduction of a probationary period upon entry to work pursues 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 situation, “workability” with the boss, the hired employee himself. Special laws serve to eliminate the possibility of arbitrariness in hiring and prevent it, for example, in the USA, the 1987 law “On Control over the Use of Polygraphs” (lie detector). Many countries provide guarantees for people undergoing testing. In France and Belgium, for example, when dismissing an employee who has not passed the test, the entrepreneur is obliged to warn him about the upcoming dismissal. In Germany, the consent of the works council is required to dismiss an employee who fails the test.

Transfers to another job

Transfer to another job in one organization is considered to be the assignment of work that does not correspond to the employee’s specialty, qualifications, position, or the performance of work in accordance with the position, specialty, qualification, but with a change in significant working conditions.

Transfer means a change in the place of work, the content of the labor function, as well as the essential working conditions established when concluding the ITD. Essential working conditions include the system and amount of remuneration, benefits, working hours, establishment or abolition of part-time work, combination of professions, changes in grades and titles of positions, functional responsibilities, etc.

Legislation on transfers to another job is based on the stability of the conditions of the labor contract 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 for transfer to another job of 2 types (Article 17):

transfer to another job in the same organization;

transfer to another location together with the organization.

These types of transfers, with the exception of cases of temporary transfer to another job due to production needs or downtime, are allowed only with the consent of the employee.

Transfers must be distinguished from transferring an employee to another job. Relocation is recognized as the assignment by the employer to the employee of the previous job at a new workplace, both in the same and in another structural unit of the organization. A workplace is a place where an employee performs his duties (equipped with the necessary equipment, information devices, office equipment, etc.). An employee cannot be transferred to another area, to another employer, to another workplace that is contraindicated for him for health reasons.

In connection with 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), qualifications, 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 equipment 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 under new conditions, then the labor contract with him is terminated on the basis of: refusal to continue work due to a change in working conditions in accordance with subparagraph 7 of Article 26 of the Labor Law.

Classification of grounds for terminationindividual employment contract

Labor law uses several terms related to the termination of employment relationships: termination, dissolution and dismissal. Thus, in Article 25 of the Labor Law the concepts of “termination” and “termination”, ITD are used, and in the rules 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 broad concept; it includes the termination of the employment relationship in all cases (by agreement of the parties, at the initiative of the employee, certain bodies, expiration of the contract, death of the employee).

Dismissal from work is a synonym for the term “termination”, except in cases where an employee leaves the payroll of the enterprise due to death.

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

Termination of ITD by agreement of the parties is characterized by a joint expression of the will of the employee and employer aimed at ending the ITD. Such an agreement can be reached at any time during the validity of the ITD. It can take place either in a contract concluded for an indefinite and definite period or for the duration of a specific job, or for the period of replacing a temporarily absent employee. It does not matter who initiates 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 termination of the ITD at the initiative of one of the parties. The employer and employee can notify the other party of the termination of the ITD at least a month in advance, but the warning period can be significantly longer and is specified in the ITD. In any case, the period for termination of the ITD is determined by the parties.

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

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

upon expiration of the term;

due to circumstances beyond the control of the parties.

ITD may 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 that party has warned the other party in writing within the period agreed upon in the ITD. This period cannot be less than one month before the termination of the ITD.

Termination of ITD is formalized by order of the employer.

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

their filing of resignations of their own free will;

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

presentation by an administrative civil servant of knowingly false information about his income and property;

failure to comply with the duties and restrictions established by the Civil Service Law;

failure to transfer into trust management of property owned by right of ownership;

loss of citizenship of the Republic of Kazakhstan;

committing a corruption offense;

non-competitive occupation of an administrative public position, with the exception of cases established by the Law on Civil 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 the termination of an administrative civil servant's civil service in his position on the initiative of newly appointed political civil servants (Article 27 of the Civil Service Law).

A change of owner or reorganization (merger, accession, division, spin-off, transformation) of organizations does not terminate the employment relationship in accordance with Article 24 of the labor law.

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

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

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

Termination of activities (liquidation) of an enterprise;

Initiative (unilateral act) of one of the parties;

Expiration of the contract, completion of certain work;

Circumstances of force majeure nature (force majeure)

or other circumstances making it impossible to fulfill the contract;

Court decision to terminate the employment contract.

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

Although the law does not consider reaching 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 laws governing dismissal (Great Britain, Ireland).

In accordance with paragraph 33 of the methodological recommendations on the issues of remuneration of employees, 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 the shift worker ) personnel and to the work site traveled independently, the employer reimburses him for transportation expenses in relation to the standards provided for by the legislation on business trips.

The period of work on site and between-shift 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 organization’s employees, can set the duration of the shift to 30 calendar days.

In the event 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 beyond the working hours established by the shift work schedules until the arrival of the shift.

Overtime work is paid as overtime.

Days of rest (time off) in connection with work beyond 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.

Hours of overtime that are not multiples of whole working days, accumulating over the course of a calendar year up to whole working days, are compensated by the subsequent provision of paid days of rest between shifts. In case of dismissal of an employee or expiration of the calendar year, the specified hours may be paid based on the tariff rate.

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

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

When working on a rotational basis, a summarized accounting of working time is established for a month, quarter or other 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 within a given calendar period of time. At the same time, the total working time for the accounting period should not exceed the norm established by the Labor Law.

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

For workers 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 work sites during the shift 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 may be paid in exchange for daily allowances for rotational work established in collective and individual labor contracts. At the same time, other types of compensation for the mobile nature of work and field allowance are not paid.

Calculation of the amount of allowances for shift work can be carried out in the following order:

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

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 a given month. Further calculations are made in the same manner as for employees paid on monthly official salaries, in accordance with paragraph 31 of the methodological recommendations on the issues of 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 “Main legislative acts on labor in the Republic of Kazakhstan”, Almaty, 2005

4 Nurgalieva E. N. “Labor law in new economic conditions”, Almaty, 1990

5 Uvarov V.N. “Labor legislation of the Republic of Kazakhstan,” textbook - Almaty, 2001

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Individual employment contract- an agreement between an employee and an 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 rules of the enterprise, and the employer undertakes to provide the employee with working conditions provided for by this code and other regulations , containing labor law norms, a collective labor agreement, as well as pay him wages on time and in full.
Parties to an individual employment contract
(1) The parties to an individual employment contract are the employee and the employer.
(2) An individual acquires the ability to work upon reaching the age of sixteen.
(3) An individual may enter into an individual employment contract even after reaching the age of fifteen years with the written consent of his parents or his legal representatives and provided that the work does not cause harm to his health, development, educational process and professional training.
(4) It is prohibited to employ persons under the age of fifteen years, as well as persons deprived by the court of the right to occupy certain positions or engage in certain activities - for the corresponding positions or to engage in the relevant activities.
(5) A party to an individual employment contract as an employer may be an individual or legal entity, regardless of the type of ownership and organizational and legal form, using hired labor.
(6) An employer who is a legal entity may enter into individual employment contracts from the moment of acquiring the status of a legal entity.
(7) An employer who is an individual may enter into individual employment contracts from the moment he acquires full legal capacity.
(8) It is prohibited to enter into an individual employment contract for the purpose of engaging in illegal or immoral work or activity.
(9) A party to an individual employment contract may be a citizen of the Republic of Moldova, a foreign citizen or a stateless person, except in cases provided for by current legislation.
Guarantees when hiring
(1) Unreasonable refusal of employment is prohibited.
(2) Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an individual employment contract depending on gender, race, nationality, religion, place of residence, political beliefs 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 can be appealed to the court.
Contents of an individual employment contract determined by agreement of the parties, taking into account the provisions of current legislation and includes the following:
a) first and last name of the employee;
b) employer identification details;
c) term of the contract;
d) the date of entry into force of the agreement;
d 1) specialty, profession, qualification, position;

e) job functions;
f) risks associated with the position;
g) rights and obligations of the employee;
h) 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 under harmful and/or dangerous working conditions;
k) place of work;
l) work and rest schedule;
m) probationary period (if necessary);
n) the duration of annual paid leave and the conditions for its provision;
o) provisions of the collective labor agreement and internal regulations of the enterprise concerning the working conditions of the employee;
p) conditions of social insurance;
r) conditions of health insurance.
Duration of the individual employment contract.
(1) An individual employment contract is usually concluded for an indefinite period.
(2) An individual employment contract may be concluded for a specific period not exceeding five years, in accordance with the requirements of this code.
(3) If the individual employment contract does not indicate its validity period, the contract is considered to be concluded for an indefinite period.
Probation
In order to test the professional abilities of an employee, when concluding an individual employment contract, a probationary period of up to three months can be established, and for officials, the list of which is approved by the employer after consultation with employee representatives, 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 when the employee was on medical leave and other periods when he was absent from work for valid reasons, confirmed by documents.
The condition of a probationary period must be provided for in the individual employment contract. If there is no such 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, internal regulations of the enterprise, collective and individual labor contracts.
During the validity of an individual employment contract, only one probationary period can be established.

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

Refusal to hire or reduction of salary for reasons related to pregnancy or the presence of children under six years of age 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 of the employment application at the enterprise. Refusal to hire may be appealed to a court.
It is prohibited to use women's labor in heavy work and work with hazardous working conditions, as well as in underground work, with the exception of work in sanitary and household services and work that does not require physical labor.
It is prohibited for women to lift and move by hand weights that exceed the limits established for them.
The list of heavy work, work with hazardous 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 heavy objects by hand are approved by the Government after consultations with patrons 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 people of groups I and II, pregnant women, women on postnatal leave, single parents with children under the age of fourteen, workers 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 certificate, can be sent on a business trip only with their written consent. In this case, the employer is obliged to inform these employees in writing of their right to refuse a business trip.

Pregnant women and breastfeeding women are provided, by transfer or relocation in accordance with a medical report, with easier work that excludes the impact of adverse production factors, while maintaining the average salary at the previous place of work.
Until the issue of providing easier work that excludes exposure to unfavorable production factors is resolved, a pregnant woman should be released from work 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 perform their previous labor duties, they are transferred in the manner prescribed by this code to another job, maintaining 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 six years of age, and persons on maternity leave.

A collective agreement can be concluded on a bilateral basis between the owner of the enterprise and the workforce, but more often trade unions actively participate in its preparation.

Target document: practical implementation of the main tasks of personnel policy through a basic set of organizational and socio-economic relations between the administration as an authorized representative of the owner of the enterprise and its hired personnel.

Purpose document - definition:

General principles and conditions for organizing relations between the contracting parties;

Obligations of the administration in terms of creating appropriate organizational, technical, sanitary and other working conditions for hired personnel, including a system of social benefits and guarantees;

Obligations of the labor collective regarding the performance of the functions assigned to it;

Mutual rights of the parties;

Functions of trade unions and other public organizations;

General procedure for resolving labor disputes.

The form, standard structure, and procedure for drawing up the document are regulated by the Law of the Russian Federation “On Collective Bargains and Agreements” and official comments to it.

General methodological requirements to the document:

A reality that reflects only the administration’s commitments provided with the necessary resources;

The specificity of the presentation of the mutual rights and obligations of the parties, not allowing for their double interpretation;

The completeness of the covered aspects of labor relations, primarily in terms of potentially conflicting issues.

Users document:

Administration - represented by specific managers and personnel service employees;

Trade union bodies at the enterprise;

Members of the enterprise's workforce.

Features of formation document during the reorganization period.

Reflection of the peculiarities of the activities of a particular enterprise during the period of its reorganization (the document is formed taking into account the requirements of the general strategy of the enterprise reorganization and the personnel policy arising from it).

A clear definition of opportunities for the enterprise administration:

Possibility of carrying out a massive reduction of personnel and transferring the remaining part of it to a partial load mode, taking into account the restrictions established by the current legislation and other regulations at the federal and regional levels;

Possibility of using non-traditional forms of organization and remuneration for certain categories of personnel;

Possibility of promptly transferring employees to other positions and workplaces without agreement with trade union bodies (if external or internal production and technological conditions change).

Restriction of the rights of trade unions and other public organizations to participate in the management of the enterprise’s activities within the minimum framework determined by current legislation.

Reduction to the minimum established by law of the list of social benefits and guarantees to the workforce on the part of the administration for the entire period of reorganization of the enterprise (if the financial situation of the enterprise improves, this list can be expanded at the initiative of the administration).

An individual labor contract is concluded with an employee upon hiring (form of the document in topic 9).

Target document: defining the general conditions and specific elements of the relationship between the administration of the enterprise and the employee.

Forms document:

A fixed-term contract concluded for a fixed period;

An open-ended contract, the duration of which is not specifically determined.

Purpose document:

Determining the employee’s job functions, assessing the results of their performance, and the procedure for assessing the effectiveness of his activities;

Determination of the conditions, procedure and amount of remuneration for an employee, benefits and social guarantees applied to him;

Regulation of other rights and obligations of the parties;

Determination of the conditions and procedure for early termination of the contract.

Developers document:

HR specialist (standard document form);

The immediate supervisor of the hired employee (content part).

Users document:

Representatives of the administration represented by the immediate supervisor and personnel department employees;

The employee who signed the contract.

Let's consider the general structure of an individual contract.

Protocol part: determination of the contracting parties (representative of the enterprise and the hired employee).

Item contract: the fact of the emergence of an employment relationship between an enterprise and an employee, indicating the workplace (structural unit of the enterprise or type of production) and the position held.

Validity contract:

In open-ended contracts (concluded only with the most valuable employees for the enterprise) is not defined;

In fixed-term contracts it coincides with the planned period of reorganization of the enterprise.

Mutual obligations of the parties:

The main obligation is the timely and effective performance of the functions defined by this section and the individual or standard job description attached to the contract;

Additional obligations of the employee arising from the characteristics of the activities of a particular enterprise and its corresponding division;

Organizational obligations (creation of working conditions necessary to perform established functions);

Economic obligations (payment to the employee of the remuneration established in this clause of the contract (the amount of the basic and additional wages is indicated in accordance with the remuneration scheme established for a particular workplace), the procedure and timing of these payments, if necessary, the procedure for indexing payments);

Social obligations (social benefits and social guarantees for a specific employee).

Mutual rights of the parties:

They determine the resource provision necessary to perform the established functions, and also reflect his other professional or social interests (transfer to another position after completion of the probationary period, study leave, etc.);

They determine the possibility of temporarily moving an employee to another workplace or site due to production needs, reducing the amount of a non-guaranteed salary for the billing period in the event of negative results of the employee’s activities, etc.

Responsibility of the parties defines the mutual responsibility of the parties for failure to fulfill their obligations and provides for:

The possibility of applying specific administrative and economic sanctions to the employee;

The need to pay the employee appropriate compensation in case of violation of his interests (including early termination of the contract at the initiative of the administration).

Early termination procedure The contract defines the specific conditions, procedure and consequences of early termination of the employment relationship at the initiative of both the administration and the employee himself.

Additional conditions under the contract arise from the characteristics of the activities of a particular enterprise and the position directly occupied by the employee.

Props part contains details (addresses, passport details, current and deposit accounts) of the parties, signatures, etc.

Appendix to the contract: individual or standard job description (studied and endorsed by the hired employee before signing the contract). (form presented in 9.1.).

Personnel adaptation.

The problem of adapting new employees is one of the most pressing problems of personnel management. Its importance is emphasized by the fact that “adaptation” is a medical term that means habituation. The productivity and quality of work of employees, the psychological climate and the state of interpersonal relationships will depend on how successful the adaptation is. Adaptation is a kind of indicator for assessing the work of searching, recruiting and selecting personnel.

Adaptation of new employees at enterprises is usually considered in two aspects: as labor and as social adaptation.

Labor adaptation involves adaptability to work. As a result of labor adaptation, a new employee learns the specifics of work at a given enterprise. During social adaptation, a new employee declares himself as an individual and takes his place in the system of informal groups at a given enterprise.

Based on the level, they distinguish between primary (for persons without work experience) and secondary adaptation, and according to the focus - professional, psychophysiological and socio-psychological.

Professional adaptation is an analogue of labor adaptation, and social adaptation is divided into psychophysiological and socio-psychological.

Professional adaptation consists in actively mastering the profession, its subtleties, specifics, necessary skills, techniques; ways of making decisions to begin with in standard situations. It begins with the fact that after determining the experience, knowledge and character of the newcomer, the most acceptable form of training is determined for him, for example, he is sent to courses or assigned a mentor.

The complexity of professional adaptation depends on the breadth and diversity of activity, interest in it, the content of work, the influence of the professional environment, and the individual psychological properties of the individual.

Psychophysiological adaptation to working conditions, work and rest schedules does not present any particular difficulties, proceeds quite quickly and largely depends on human health, his natural reactions, and the characteristics of these conditions themselves. However, most accidents occur in the first days of work precisely due to lack of work.

Socio-psychological adaptation- this is adaptation to the team and its norms, to management and colleagues, to economic realities. It may be associated with considerable difficulties, which include disappointed expectations of quick success, caused by underestimating difficulties, the importance of live human communication, practical experience and overestimating the importance of theoretical knowledge and instructions.

In addition to adapting a person to work, the opposite is also necessary today - adapting work to the person. It involves: organizing workplaces in accordance with ergonomic requirements; flexible regulation of the rhythm and duration of working hours; building the structure of the organization (division) and distributing labor functions and specific tasks based on the personal characteristics and abilities of employees; individualization of the incentive system.

During the adaptation process, an employee goes through several stages. The first stage involves general familiarization with the situation and adaptation (addiction, assimilation of stereotypes). The second stage is assimilation, i.e. full adaptation. Finally, at the final, third stage, identification occurs - the identification of personal goals with the goals of the team.

An approximate adaptation procedure is as follows:

Familiarization with the company, its features, internal labor regulations, etc.;

Presentation ceremony to the team, familiarization with the workplace;

Conversation with the manager;

Familiarization with social benefits and incentives;

Fire and safety training;

Training according to a special program;

Work at your workplace.

Often, during the adaptation process, an employee’s conformal or conventional behavior manifests itself. Conformal behavior manifests itself as an individual maintaining his status by adapting to the attitudes of others. At the same time, the range of conformist behavior ranges from forced recognition of alien norms and values ​​to unprincipled compromise. Conventional behavior can be represented as a permanently renewed system of compromises.

During the adaptation process the following must be achieved:

A sense of involvement in the affairs of an enterprise or company;

Correct understanding of your tasks and job responsibilities;

Development of skills in performing one’s duties;

High level of motivation to work;

Interest in improving the affairs of the enterprise or company;

Understanding your role in the company's success.

During the adaptation process, a new employee should be smoothly introduced into his activities, situations should be excluded that could negatively affect the employee’s integration into the work rhythm of the team, unforeseen difficulties associated with overload, lack of information, etc. Therefore, adaptation management should be expressed in active influence on the factors that predetermine its course, timing and reduction of adverse impacts.

Adaptation problems can also arise among employees who have been working at the enterprise for quite a long time. Typically, these problems arise when workers are moved into positions. Such adaptation is called secondary. Usually it is faster and easier than primary adaptation.

In this regard, it seems advisable to allocate a unit (or specialist) for adaptation management within the personnel management service.

An individual employment contract in an employment relationship refers 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 realizing the freedom, abilities, needs and interests of a person in the field of labor relations.

An individual employment 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 wages in a timely manner and in full. , provided for by law and agreement of the parties, cash payments, ensure working conditions provided for by labor legislation and the collective agreement.

An individual employment contract must be concluded in writing and must contain:
1) details of the parties - full name of the employer - legal entity and its location, number and date of state registration of constituent documents; last name, first 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; last name; name, patronymic of the employee, title, number, date of issue of the document proving his identity; social individual code number (SIC), taxpayer registration number (TRN);
2) the employee’s labor function (work in a specific position, specialty, profession);
3) the term of the individual employment contract;
4) date of commencement of labor functions;
5) characteristics of working conditions, guarantees and compensation to the employee for hard physical work in harmful or dangerous conditions;
6) working hours and rest hours;
7) conditions of remuneration and labor protection;
8) rights and obligations of the employer;
9) rights and obligations of the employee;
10) the procedure for changing, terminating and prolonging an individual employment 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 employment contract (Article 9 of the Labor Law).

An individual employment contract is drawn up in two copies and signed by both parties. One copy of the signed agreement is given to the employee, and the other to the employer. The terms of remuneration and material incentives for the employee’s labor in the contract are established by agreement of the parties.

According to the Labor Law, the termination of an individual employment contract occurs under two circumstances:
1) termination of an individual employment 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, on the initiative of one of the parties and other circumstances provided for by law.

In addition to the above, the law provides other grounds for termination of an individual employment contract at the initiative of the employer:
1) the employee’s incompatibility 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 location together with the organization;
5) if the employee refuses to be transferred to an easier job;
6) the employee’s refusal to continue working due to changes in working conditions;
7) repeated failure by the employee to fulfill work duties without good reason;
8) a single gross violation of labor duties by an employee.

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

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

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

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

Collective agreement- a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives.

When concluding a collective agreement at an enterprise, negotiations are conducted between representatives of the parties. Persons appointed by order of the manager or persons authorized by him act on behalf of the employer. Trade unions act on behalf of workers if they unite more than half of the number of workers. If there are several trade unions, then the trade union that alone unites more than half of the workers has priority in negotiations. If there are several trade unions and no one unites more than half, they create a single representative body on a proportional basis. And if no agreement is reached between them at the general meeting, the trade union (or association) for which the majority of workers vote is elected by secret ballot. Or (for example, if there are no trade unions), the labor collective at a general meeting (conference) elects another representative body. The decision of the meeting is legal if at least half of the total number of employees on the payroll (or 2/3 of the delegates sent to the conference by representatives from structural divisions) was present and the decision was made by a majority of votes (more than 1/2 of those present).

A commission is created to develop a collective agreement. The employer issues an order on the creation of the commission. The commission includes an equal number of employee representatives and employer representatives. Any party to labor relations represented by their representatives has the right of initiative to conclude a collective agreement, and the other party is obliged to appoint representatives within seven days and begin negotiations.

The range of issues in the collective agreement is approximately defined in Art. 41 Labor Code of the Russian Federation. But there may be other questions, determined by agreement of the parties; they must correspond to the principle of reality and the possibility of their implementation.

In addition, the collective agreement cannot contain provisions that worsen the situation of workers in comparison with the law. Negotiations, as a general rule, must be completed within three months, since only for this period the place of work, position and average earnings are preserved for the participants in the negotiations.

If the agreement is not concluded before the expiration of the three-month period, the parties are obliged to sign the agreement according to the agreed terms. If the terms are not agreed upon, a protocol of disagreement is drawn up. Unagreed terms may be subject to additional negotiations. In this case, the benefits and guarantees of the participants in the negotiations are determined by agreement with the employer.

A common practice is to agree on a draft collective agreement with and provide the opportunity to make comments and suggestions that can be taken into account.

The agreement is signed by authorized representatives and is valid from the moment of signing.

The collective agreement is sent to the relevant labor authority for notification registration (within seven days after signing).

The collective agreement begins to operate from the moment of signing, regardless of the fact of notification registration. The labor authority is called upon to identify working conditions that worsen the worker’s position in comparison with the law.

The negotiation process itself, the time and place are determined by the representatives independently. But when preparing a draft collective agreement, before signing it, the employer must provide the commission with everything necessary, including the necessary information.

The collective agreement is concluded for a period of one to three years; with the agreement of the parties, it can be extended for another period. When reorganizing an enterprise, the contract continues to be valid for the entire period of reorganization. If the owner changes, the previous agreement is valid for three months after registration of ownership rights.

Collective labor agreement

The Law of the Russian Federation “On Collective Bargains and Agreements”, adopted by the highest legislative body of the country on March 11, 1992, Labor Code (Article 42) and the Federal Law of the Russian Federation “On Amendments and Additions to the Law of the Russian Federation “On Collective Bargains and Agreements” (Article 2), adopted by the State Duma on October 26, 1995, established that collective agreement is a legal act regulating social and labor relations between the employer and employees of the organization. An agreement is a legal act regulating social and labor relations between employees and employers and concluded at the level of the Russian Federation, a constituent entity of the Russian Federation, territory, industry, profession (Article 2 of the federal law).

The terms of collective agreements and agreements concluded in accordance with the law are binding on the organizations to which they apply. The terms of collective agreements or agreements that worsen the situation of employees compared to the law are invalid.

The basic principles for concluding collective bargaining agreements are: compliance with the law, the authority of representatives of the parties; equality of the parties; freedom of choice and discussion of issues that constitute the content of collective agreements and agreements; voluntariness of accepting obligations; systematic control and inevitability of responsibility.

The law established a provision according to which any interference that could limit the legal rights of workers and their representatives or impede their implementation on the part of executive and economic management bodies, political parties and other public associations, employers is prohibited when concluding, revising and implementing collective contracts and agreements .

Negotiations and conclusion of collective agreements and agreements on behalf of workers by organizations or bodies created or financed by employers, executive and economic management bodies, and political parties are not allowed, except in cases of financing provided for by law.

Parties to the collective agreement according to Art. 11 of the Law “On Collective Bargains and Agreements” are the employees of the organization represented by their representatives and the employer directly or his authorized representatives.

Therefore, the parties to the collective agreement are the labor collective of the organization and the employer represented by the owner of a particular enterprise or his authorized representative - the head of the enterprise (director, general director, etc.), since this is based on legislative acts.

Contents and procedure for concluding a collective agreement

• form, system and size, monetary rewards, benefits, compensation, ;
• a mechanism for regulating wages based on price increases, levels, and fulfillment of indicators determined by the collective agreement; employment, retraining, conditions for releasing workers;
• duration of working hours and rest time, vacations; improving the working conditions and safety of workers, including women and youth (teenagers);
• voluntary and compulsory health and social insurance;
• respecting the interests of workers during the privatization of enterprises and departmental housing;
• environmental safety and health protection of workers at work;
• benefits for employees combining work and study; control over the implementation of the collective agreement, responsibility of the parties, social partnership, ensuring normal conditions for the functioning of trade unions and other representative bodies authorized by employees;
• refusal to strike under the conditions included in this collective agreement, subject to their timely and complete implementation.

The collective agreement, taking into account the economic capabilities of the enterprise, may contain other, including more preferential, labor and socio-economic conditions in comparison with the norms and provisions established by law and the agreement (additional leaves, pension supplements, early retirement, compensation transport and travel expenses, free or partially paid meals for production workers and their children in schools and preschool institutions, other additional benefits and compensation).

The procedure, deadlines for developing a project and concluding a collective agreement, the composition of the commission, the venue and agenda of negotiations are determined by the parties and formalized by an order for the enterprise and a decision of the trade union or other authorized representative body (Part 1 of Article 12 of the Law).

The draft collective agreement is subject to mandatory discussion by employees in the divisions of the enterprise and is finalized taking into account received comments, suggestions, and additions. The finalized unified project is approved by the general meeting (conference) of the labor collective and signed on the part of the workers by all participants of the joint representative body and the employer.

The collective agreement is concluded for a period of one to three years. It comes into force from the moment it is signed by the parties or from the date established in the collective agreement, and is valid for the entire period.

The collective agreement, annexes, and protocols of disagreements signed by the parties are sent by the employer to the relevant body of the Ministry of Labor of the Russian Federation for notification registration within seven days.

To resolve disagreements during collective bargaining, the parties use conciliation procedures. Within three days after drawing up a protocol of disagreements, the parties hold consultations, form a conciliation commission from among their members and, if no agreement is reached, contact a mediator selected by agreement of the parties. Decisions are documented in protocols that are attached to the collective agreement.

The Law of the Russian Federation “On Collective Bargains and Agreements” established the liability of a person representing an employer in the form of a fine for avoiding participation in negotiations on concluding, amending or supplementing a collective agreement or agreement in the amount of up to fifty times the minimum wage, imposed in court (Article 25 of the law).

For violation and failure to comply with the collective agreement in accordance with Art. 26 of the law, guilty persons representing the employer are subject to a fine of up to fifty times the minimum wage, imposed by court.

For failure to provide information necessary for collective negotiations and control, the guilty persons representing the employer bear disciplinary liability or are subject to a fine of up to fifty times the minimum wage, imposed by court (Article 27 of the law).