OBLIGATORY CONDITIONS OF EMPLOYMENT CONTRACT IN FARMERS HOUSEHOLDS

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OBLIGATORY CONDITIONS OF EMPLOYMENT CONTRACT IN FARMERS HOUSEHOLDS

Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue

Abstract

Defined, that in Farmers Economies, as one of the forms of entrepreneurial activity as to the production, processing and sale of commodity agricultural products, a person can realize its right to work by joining farmers households. This can be done through the civil contract, or by concluding an employment contract (contract).to satisfy his/her personal and social needs with the purpose of receiving income (wages) in monetary or other form as a hired employee . The main attention is devoted to the peculiarities of employment contracts content formation, which are being concluded in farmers’ households. Those employment contract provisions in the farmers’ households, which are obligatory, are defined. That means, that employment contract can not be concluded without these provisions. The main provisions of the employment contract in farmers households are analyzed, namely provisions as to the employment function of employee, wages, term of contract, place of work, working conditions and rest. It is determined, that norms of effective labor legislation do not fully cover sectorial specifics of conditions of working conditions in the farmers’ households. Taking this into consideration, it is proposed to strengthen the employment contract role, as regulator of labor relations in farmers’ households. Herewith, it is stated that in practice parties of the employment contract do not always use legislative possibilities as to the individual contract regulation. It is noted, that today, considering market economy and flexibilization of labor market, excessive regulation of labor relations at the legislative level does not promote mobility of labor resources, labor productivity and professional growth of an employee. It is proposed to amend the labor legislation, giving more opportunities to the labor contract parties, taking into account the peculiarities of work in the agricultural sector of the economy, independently, at the level of the employment contract, to stipulate the issue of wages payment in kind, the conditions of overtime work etc. Considering that work in farm household is carried out on land plots given to citizens for farming, commodity agricultural production, the place of work of the hired employee in the family farm will be the farm and the land plots provided to him. Taking into account the interest of the parties of labor relations, they can agree and enshrine in the employment contract a more precise working. It is emphasized that the conclusion of an employment contract should guarantee to the parties its compliance and the possibility of realization, enshrined in it mutual obligations and guarantees, in particular concerning decent wages, decent and healthy working conditions, and increased social guarantees. Along with this, the conditions acceptable to the parties of the employment contract must become a motivation to be engaged in the agricultural sector of the economy. It is stated that the conclusion of an employment contract must guarantee to its parties the observance of contract and the possibility of realization of mutual obligations and guarantees enshrined in it, in particular concerning decent wages, decent and healthy working conditions, and increased social guarantees.

Authors and Affiliations

Т. В. Парпан

Keywords

EP ID EP444476
DOI -
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