FEATURES OF AN EMPLOYMENT CONTRACT WITH MATERIALLY RESPONSIBLE PERSONS
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. The purpose of this article is to examine the problems relating to the consolidation of the provisions on liability in employment contracts. The article notes that the mandatory fixing of contracts rules on liability is a requirement of the day. Such a consolidation is possible on the basis of specificity of employee work performance, which requires that this feature was implemented materially – responsible person. Stated that the legislation, which now regulates the procedure and terms of signing labor contracts with materially responsible persons requiring changes, the directions of improvement of the employment contracts with materially responsible persons. Analysis of resent researches and publications. On financially responsible persons as a special category of employees mentioned in many legal acts, judicial and economic practice, economic, accounting and legal literature. On liability it is, as a rule, when we speak about the preservation of the property of the employer. This problem is studied in the works of S. F. Gutu, A. M. Short, V. S., omelyanchik, S. V. Sinenko, N. M. Chutorian, V. V. Yakovlev, etc. Article’s main body. Оne of the most important conditions of the employment agreement with the financially responsible person, is a clear definition (specification) of his or her work as well-coordinated work of all employees of the organization is impossible without the establishment of the exact responsibilities of each of them for certain, clearly delineated tasks and practical work. Coordination and clear definition of duties in the employment contract is necessary as the employee and the employer. Conclusions and prospects for the development. The legislation governing the procedure and terms of signing labor contracts with materially responsible persons requires further improvement. It appears that the improvement of legislation in this area should be carried out in two directions: 1) mandatory consolidation in the employment contract conditions of material liability. 2) define the minimum list of conditions which can be included where Tex employment contracts with materially responsible persons. These directions are promising from the point of view of the development of the new Labour Code of Ukraine, as given in the work situation can be taken into account by the legislator in the process of defining the mandatory conditions of the employment contract.
Authors and Affiliations
F. A. Tsesarsky
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