Contract of Employment as a Basis for labor Legal Relations

Abstract

The article deals with the analysis of the employment contract as a form of realization of the right to work and the legal fact of labor legal relations emergence. An employment contract is an actions taken by an employee and an employer aimed to acquireing of employment rights and responsibilities. The consequence of such actions of the employee and the employer, which are provided by the legislation, is emergence of labor legal relations. The peculiarities of the performance of the labor function by the employee in the employment relationship determine the differentiation of the actions of the subjects necessary for the emergence of the employment relationship. In some cases, for the emergence of the labor relationship is enough the common will of employee and the employer and in others - a special procedure (competition, election, approval, recommendation, etc.). Based on the analysis of the norms of the Labor Code of Ukraine, the author draws the conclusion about the need to distinguish between concluding the contract of employment and its execution. The conclusion of an employment contract may occur as a result of an agreement to perform some work, the actual admission of the employee to work, or it may imply the presence of the legal procedures (eg competitive selection, election for the position, etc.). The employment contract is executed by issuing an order or instruction on hiring or appointment to the position. The article substantiates that the basis of employment is an employment contract, regardless of its form (written or oral) and the type (contract, an employment contract for part-time work, an employment contract for temporary or seasonal work). One of the mandatory conditions of the contract of employment is an indication of the employee's job functions in accordance with the Classifier of Occupations. Without it the contract of employment cannot be considered as such that has been concluded. The employment contract is executed by issuing an order stating the position to which the employee is appointed or the work he will perform.