Any contract in the generalized form is an agreement of a few individuals or organizations, which is caused by a list of obligations and rights. The main condition for the sucsessful functioning of the parties agreement can only be a mutual compliance with the provisions of the signed contract during the entire period of its validity.
The labor contract — is a standard agreement, which is concluded between the employer and employee and regulated by the current Labour Code of the State. There must be provided several main points concerning the working conditions, duties and rights of workers, the internal labor regulations of the enterprise, as well as the duties and rights of the employer.
In the Czech Republic the Labour Code undergoes a constant change since 2012, and it is being edited to this day. Due to improvement of the standard of living, the changes in labor legislation affects the issues such as:
- statutory provisions of dismissal;
- the provisions of overtime payments and nightwork payments;
- procedure for the conclusion of employment contracts;
- the procedure for obtaining a vacation.
Therefore, the attempts of HR-managers to organize and unify the local documentation do not always have success, as a variety of positions and different specifics of the work are making its amendments in any typical contract. Of course, a certain structure that defines an employment contract as a document corresponding to the state standards, should be present. In general, it is divided into three main parts, in which are fixed:
- Introduction.It must contain the date and a place of the agreement signing, the requisites of parties and the provisions of staffing.
For this part of the LC the parties must attach their documents for examination, proving their identity, powers and qualifications. In particular, the employee must provide:
- taxpayer identification number;
- documents on education;
- and the workbook, if available.
The company, in its turn, must produce a document which confirms the authority of a person acting on the company’s behalf when the employment contract is being signed. Also, an employee has the right to demand the production of documents which have been mentioned by employer in the LC.
In some areas of labor activity, the employer has the right while taking the worker on a permanent job, to request a health certificate of a prospective employee, since if the company has the health-harmful factors an employer shall bear full or partial responsibility for the personnel health condition.
- The main part.There are detailed provisions of the job description, namely:
- the place of labor obligations execution;
- the date of intercession for the position;
- a mode of work;
- rates and terms of payment;
- the conditions of additional compensation;
- the conditions of social insurance;
- other required conditions, which are related to the nature of work.
- Additional terms of the labor contract.In this part should be presented the main functions of a department into which the employee is being accepted, the rules of behavior at work (if needed), the provisions of the probation, the term of LC, and other provisions, which have not been described in a main part of the contract, but are also important.
If there are any unaccounted provisions of labor regulations, either party has the right to initiate additional agreement to the contract. In other cases, any breach of the employment relationship will be governed by the Labor Code of the Czech Republic. But to understand a legal mechanism, that forms the correct structure of any agreements, an enterprise needs the specialists who have considerable experience in dealing with various issues of labor law.
If your company needs a high-quality and modern approach in the creation of labor contracts – you are always can contact the Financial Chain Corporation. We are ready to offer the services of the most experienced lawyers able to create for you the most suitable edition.