How to be, if you do not enter into an employment contract
Labour relations should be fixed by the contract, which can be issued for a specified period up to 5 years or indefinitely. If the employer is in no hurry to issue the document, but the employee is allowed to work, comes into force article №67, Part 2 of the Labor Code.
You will need:
- application to the Labour Inspectorate; - A statement to the court.
Instruction how to be, if you do not enter into an employment contract
If you are allowed to work and started to perform their duties assigned to you by the employer, the employment contract shall be made in writing within three days and signed by both parties.
Working without a contract - this is a direct violation of the labor legislation. When checking the Labour Inspectorate will impose on the responsible head of the administrative penalty. If re-inspection will reveal that the violations are not eliminated, the work of the enterprise may be suspended for up to 90 days.
Without waiting for the check, please go directly to the head of the company directly and ask for the conclusion of an employment contract. If the manager does not enter into a constructive dialogue and does not want you to explain the reason for failure in securing the employment relationship in writing with an indication of the working conditions, recreation, payment, etc., you have the right to appeal in writing to the Labour Inspectorate or to the court.
On the basis of article №67, Part 2, a staff member took up his duties, is considered disadvantaged in their rights and their legitimate right to documentation of the employment relationship can be restored in a lawful manner by the labor inspectorate or the courts.
In accordance with the court order or written recommendations to the employer by the labor inspectorate with you conclude the employment relationship in the form required by applicable labor laws.
If you do not plan to apply to the specified instance, you have the right to cease working for the employer and pick up their documents. At the same time any kind of mining law does not provide. The relationship is not concluded in writing, shall be deemed invalid, so any duty, as well, and the rights of the parties are completely absent.