Business and tax

What must you formalise when you hire an employee?

Huquqchi legal team

You conclude a written labour contract and issue a hiring order. The employee signs the order within three days from the day the work actually started. An official who breaks the labour legislation carries administrative liability.

The required documents

Under article 106 of the Labour Code, the labour contract is made in written form (on paper or electronically) in at least two copies. Before the contract is signed, the employee reads the content of the work, the labour conditions, the internal labour rules, and the other internal documents (article 123). On the basis of the contract the employer issues a hiring order. On the basis of the order an entry is made in the labour book, and the data goes into the Unified National Labour System (article 127).

What the contract must state

Under article 104 of the Labour Code: the place of work; the labour function (the profession, the position); the date the work starts; the pay conditions; for a fixed-term contract, the term and its ground; the regime of working time and rest time, if it differs from the general regime.

The risk of not formalising

An official who breaks the labour legislation pays a fine from five to ten times the BHM (base calculation amount) — article 49 of the Code on Administrative Responsibility.

Advice

Attach the job description to the contract. The employer has no right to demand work from the employee that the labour contract does not cover (article 115). If the labour function is unclear, a disciplinary penalty and a dismissal are harder to defend in court.

Legal sources

Legal basisLabour Code, article 106 Legal basisLabour Code, article 127 Legal basisLabour Code, article 104

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.