An employment contract is the type of document that many people on the labor market apply for. It protects the rights of both parties, the employee and the employer, but at the same time allows the employee to be given exceptional protection. It is enough to mention paid sick leave, paid leaves, or a guarantee of return to work after the period of sick leave or parental leave.
An employment contract, from the formal side, is a legal act. It is a joint declaration of intent of the employee and the employer. The declaration of will concerns, on the one hand, readiness to start work, and on the other hand, the payment of remuneration to the employee for taking up work. The employee declares that he will undertake a specific type of work, to the extent indicated by the employer, in the indicated place and under the supervision of the supervisor. The remuneration is determined in advance and its amount is specified in the document. The contract must be made in writing in duplicate copies, as well as any changes that will occur during its term.
An employment contract may have different forms. The main criterion for the division is its duration. One of the types is an open-ended contract. Accordingly, the contract has no expiry date. It will continue until one of the parties pronounces it. At the same time, the terms of termination are strictly defined, and the parties must have a secured period of notice. The second type is a fixed-term contract. In this case, the contract is concluded for the period “from to”. Termination is not required, as the employment relationship expires on the date specified in the contract, unless the parties sign another contract for another period or this time for an indefinite period. Should the parties wish to terminate the contract before the expiry of the period for which it was concluded, it is of course possible with the notice period, which is secured by both parties.
A properly prepared employment contract should contain several important elements that allow to regulate the overall formal relationship between the employer and employee. First of all, you need to define the type of work to be done. It is also important to indicate the place and time of its performance. It is essential to include information on the remuneration paid to the employee and the date of commencement of work. These are elements that are distinguishing features and which may potentially become disputable, which is why it is worth regulating them in advance.
The rights and obligations of the parties to such a contract are also important. They result not only from its provisions, but also from the provisions of the act regulating the employment relationship between the employer and employee. According to these documents, the employer has the right to enforce the presence of the employee at the workplace, has the right to hold him accountable for its performance and verify the reasons for his absence. His obligation is regular and timely payment of remuneration, granting leave in the amount the employee is entitled to and enabling him to return to work after sick leave or parental leave. The employee has the right to obtain the said leave, to be on paid sick leave and to return to work after a longer, justified absence. The duty is to perform the entrusted work diligently, to be responsible for actions at the workplace and to justify any absence. The employee must perform his professional duties at the time and place indicated by the employer, in accordance with the provisions of the contract.
An employment contract is in many ways extremely convenient for an employee. He is guaranteed job security, paid vacation and sick leave, and the employer has to pay social and health insurance contributions from each employee. These are also the reasons why this form of employment is not very beneficial for the employer. Employment costs are very high, and an employee may be on sick leave or on parental leave for up to several months or years, and these are obvious expenses for the employer.