The parties to the employment contract, that is an employer and employee have a wide margin of discretion in creating the content of an employment contract. Compulsory elements of the employment contract should be taken into account. The minimum content to be included in each basis of a work relationship is laid down in article 29 of the Labour Code. In accordance with the above-cited article an employment contract formally sets out:
- parties to the agreement,
- type of contract
- date of concluding the agreement
- terms and conditions of work and pay, and in particular the type of work,
- place of work
- remuneration corresponding to the type of work (stating the remuneration components),
- working hours,
- the starting date of the work.
Phrase ‘in particular' contained in the Act means that these are the main formalities to be completed by the parties.
The text of the agreement should contain relevant information - whether the contract is fixed-term (with an indication of its kind) or open-ended. The agreement should specify the type of work.
An employment contract shall be concluded in writing. If this obligation has not been fulfilled, employer should at the latest on the day on which the employee starts work, confirm in writing to him/her the arrangements on the parties of the contract, the type and terms of contract.
In accordance with the provision of the Labour Code, an employee is a person employed on the basis of:
- employment contract,
- appointment or
- cooperative employment contract.
An employer is an organisational unit, even without legal personality, as well as a natural person, if they employ workers.
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