- •6.030601. – Management of Foreign Economic Activities
- •Навчально-методичний посібник
- •6.030601.A – Менеджмент зовнішньоекономічної діяльності
- •Table of contents
- •Module 1. General part
- •Module 2. Special part
- •Individual assignments for independent work
- •Introduction
- •II. Thematic plan of the course
- •The course syllabus Module і. General Part
- •Module іі. Special Part
- •Tasks for self preparation:
- •Method of legal control of labour law is (are):
- •Source(s) of labour law is (are):
- •Function(s) of labour law is (are):
- •Literature
- •Theme 2. Labour legal relations. Subjects of labour law and theirs legal status
- •Tasks for self preparation:
- •The subject of labour law is (are):
- •Content of labour legal relation includes:
- •General citizen’s labour legal capacity becomes:
- •Literatre:
- •Theme 3. International legal regulation of labour relations. Legal regulation of labour relations in the states of Western Europe and in the usa
- •What directions of entering of international legal norms to the labour law of Ukraine:
- •What rules are used, if an international agreement, in which Ukraine participates, other rules are set, than those, that they are contained by the legislation of Ukraine about labour:
- •Are the confessedly principles and norms of international law, international agreements of Ukraine the part of national legislation of Ukraine, in accordance with Constitution of Ukraine?
- •Literature
- •Theme 4. Legal foundations of social partnership. Collective (bargaining) agreement
- •Tasks for self preparation:
- •Collective labour contract is:
- •Collective labour agreement should be applied to:
- •Collective labour agreement is operative:
- •Literature
- •Theme 5. Legal regulation of employment and of a job placement
- •Tasks for self preparation:
- •Unemployment benefit should be paid to a citizen who is finding job at first time during such period:
- •For what period unemployment benefit payment may be stopped in case if a citizen declines two propositions of suitable job:
- •Сollective agreement spreads its action:
- •Literature
- •Theme 6. The concept of employment agreement and the procedure of hiring. Peculiarities of conclusion of certain types of employment agreements
- •Tasks for self preparation:
- •Content of employement agreement is (are):
- •What documents should citizen produce (show) to conclude an employement agreement:
- •Maximum duration of a trial work period that is prescribed by law is:
- •Literature
- •Theme 7. An alteration of an employment agreement and its dissolution
- •Tasks for self preparation:
- •Employee should be informed about changing of substantial working conditions not later then:
- •An employee is dismissed from employment after:
- •What reasons can be the ground for labour agreement termination if an employee is not fit for the occupied position:
- •Literature Use the same literature as to the theme 6 Module 2. Special part
- •Tasks for self preparation:
- •Normal duration of work time is:
- •During work in a night-time normal duration of work (shift) shortens for:
- •Duration of weekly continuous rest must be:
- •Literature
- •Theme 9. Remuneration of labour
- •Tasks for self preparation:
- •The system of remuneration of labour when wage is paid for the end result of works is called:
- •A salary must be paid:
- •Payment of secondary employment work is performed:
- •Literature
- •Theme 10. A labour routine and labour discipline. Disciplinary liability
- •Tasks for self preparation:
- •Disciplinary penalty can be applied to an employee during such term:
- •Such of listed items point on disciplinary penalties:
- •Information about penalty, applied to an employee (except disciplinary dismissal) should be recordered to the labour book of the employee:
- •Literature
- •Theme 11. Material responsibility of the parties to an employment agreement
- •Tasks for self preparation:
- •What type of responsibility can be applied to employees involved in the production of precious metals in case of stealing:
- •What type of responsibility should be applied to an employee in case of damage to property of enterprise by inebriated employee:
- •The written contracts about material responsibility with employees can be concluded with employees who attained the age:
- •Literature
- •Theme 12. Work safety. Supervision and control for a keeping within the labour legislation in Ukraine
- •Tasks for self preparation:
- •Who does carry out a public control over compliance with the legislation about a labour protection?
- •An employer must create work safety service at the enterprise with the employment size:
- •Who is under the obligation to create the safe and healthy terms of labour on enterprises, in establishments, organizations?
- •Literature
- •Theme 13. Individual and collective labour disputes
- •Tasks for self preparation:
- •An employee has right to appeal to labour disputes commission:
- •An employee dismissed by employer can go with a lawsuit to the court:
- •What bodies should adjudicate individual labour disputes?
- •Literature
- •Individual assignments for independent work and methodological recommendations to fulfil them
- •The recommended themes of scientific abstracts are: Module 1. General Part
- •Module 2. Special Part
- •The card of independent work
- •The estimation procedure and criteria of students’ knowledge estimation
- •The distribution of points received by students by the results of course studying
- •Criteria for estimation of students’ educational achievements
- •The system of point calculation under the types of educational work
- •System of granting additional points under the types of works
- •Estimation of a knowledge level whilst controlling current coping with the curriculum
- •The intermediate control of students’ knowledge
- •The list of questions for the modular control work Module 1. General Part
- •Module 2. Special Part
- •The example of task construction for modular control
- •The general final knowledge estimation
- •The scale of final points calculation
- •Glossary
Theme 6. The concept of employment agreement and the procedure of hiring. Peculiarities of conclusion of certain types of employment agreements
Methodical recommendations for independent work
A labour agreement should be examined in such three aspects:
1) as an agreement about employee’s labour;
2) as a legal fact which is one of main grounds of origin and is the form of existence of labour legal relationships in time;
3) as one of the central institutions of labour law, id est system of legal norms, which regulates a conclusion, alteration and termination of labour agreement.
Each of these aspects necessary to consider separately.
You should memorize the definition of labour agreement, which according to the article 21 of CLL is agreement between an employee and owner of enterprise, establishment, organization or by a body or physical person authorized by him, after which an employee is obligated to perform work, prescribed by the agreement, with the subjection of employee to the internal labour policy of employer, and owner of enterprise, establishment, organizations or body or physical person, authorized by him, is obligated to pay a salary and to provide the labour conditions, necessary for execution of work provided by the legislation on labour, by a collective agreement or agreement of parties.
It is necessary examine the features of employment agreement. This will allow to distinguish a labour agreement from similar agreements and legal relationships.
Examining parties to a labour agreement it is necessary to learn, that they are an employee and employer (an owner of enterprise, establishment, organizations or body or physical person authorized by him). To become the party to a labour agreement, a person must have a labour legal capacity and labour capability.
The conclusion of labour agreement should be recorded in employer’s order about worker’s employment. Note that it is not the same as writing form of labour agreement.
It is necessary to find out, what documents are needed for employment. Pay attention, that according to the article 25 CLL at the conclusion of labour agreement it is forbidden to require from persons information about their party or national affiliation, origins, registration and documents presentation of which is not prescribed by legislation.
Content of employment agreement is an aggregate of terms which are determine rights and duties of the parties. They can be divided into two types: direct terms (express conditions) that are specified by the agreement of parties, and derivative (secondary) terms that are prescribed by legislation about labour. Direct terms in turn, depending on declaration of will of parties can be divided on necessary (indispensable) conditions, without a reach of consensus with respect to such terms agreement in general will not be concluded, and optional (additional). You have consider the indispensable conditions of agreement such as: employment functions (speciality, qualification, position); place of employment; time to start the work; term labour agreement; remuneration of labour (salary).
To the additional terms belong such as setting up of trial engagement, combining of professions (positions); social and living conditions, commercial secret etc.
A labour agreement as a rule should be concluded in writing. Students should learn provisions of article 2 of CLL of Ukraine and to pay attention to cases when an observance of writing form is obligatory.
The procedure of registration of hire for job should be examine given that citizens are accepted on job on the term of labour agreement. Moment of conclusion of labour agreement and its registration does not synchronize. Labour relations can arise before issue of an order about a hire for job.
Students must find out the features of different types of labour agreement.
The variety of labour agreements requires their classification for understanding of essence and application practice. Labour agreements can be divided into groups by three basic features: by a form, terms and content. So labour agreement can be divided into verbal and writing. By the second sign labour agreements can be divided on: 1) concluded for an indefinite term; 2) concluded for a certain term; 3) concluded for a period of execution of certain work. The third feature allows classification of labour agreements by content: agreements by result of a competition; agreements with elective employees; holding two jobs, by combination and others like that.
The special attention should be paid to the special form of labour agreement – employment agreement. In accordance with part 3 of article 21 of CLL of Ukraine a contract is the special form of agreement, in which the term of its action, rights, duties and responsibility of parties (including material), conditions of the material support and organization of labour of employee, conditions of contract termination, including early termination, can be set by the agreement of the parties. An application sphere of contract is stipulated by a law.
Employment agreement differs from an ordinary labour agreement by wide range of terms that are can be contractually established. Contract allows to regulate in detail labour rights and duties of worker and employer. Contract is always concluded for a definite term. A contract should be concluded only in writing form.
Contractual form of labour agreement can be used to the employees only in the cases straight prescribed by law.
An employer can require from an employee which works on terms of labour agreement, to conclude a contract only in case, when he falls into the category of employees which according to laws in force should work on terms of contract (for example head of an enterprise). Violation of these requirements can be the ground for annul in accordance with article 9 CLL terms of labour by contract, which worsen position of employee comparatively with the legislation of Ukraine.
Legislation on labour provides a right to realize the capacities for productive labour by the conclusion of labour agreement with one or simultaneously with few enterprises (p. 2 art. 21 CLL). It is necessary to distinguish combining of professions (post) (also called multi-skilling) from secondary (outside) employment. In case of combining of professions (post) only one labour agreement is concluded.
The variety of conclusion of labour agreement is organized recruitment of workers. Persons who conclude such contract as a rule, placed for physical works. Therefore before the hire they should attend a medical inspection. Students must define the age-old criteria of workers who can be placed on job in order of the organized employment.
A labour agreement with young specialists should be concluded with the graduates of higher educational establishments, which has qualification of specialist with higher education of different educational-qualifying levels, on the ground of job placement referral. Such referrals are given to the graduates who studied for a state account and are obliged to work in the public sector of economy for a term not less than three years. Students must examine the Order of job placement of graduates of higher educational establishments, which training was performed in accordance with the government order. This order is approved by the decision of Cabinet of Ministers of Ukraine № 992from Augusts, 22, 1996.
Plan of the lecture:
The concept of a labour agreement. Parties to a labour agreement.
The content and form of a labour agreement. Conditions of a labour agreement.
The order of labour agreement concluding.
Types of labour agreements.