PROFESSIONAL QUALITIES AND POSSIBILITY OF THEIR FASTENING IN THE EMPLOYMENT CONTRACT

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PROFESSIONAL QUALITIES AND POSSIBILITY OF THEIR FASTENING IN THE EMPLOYMENT CONTRACT

Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13

Abstract

Problem setting. This article describes issues that concern business qualities of employees, their structure and the possibilities of fixing in the employment contract the facts indicate the importance of business and professional qualities as conditions of conclusion of the employment contract and the rights and responsibilities of employees in accordance with the terms of the employment contract. Analysis of recent researches and publications. The problems associated with business and professional qualities of employees as factors affecting the employment relationship, in recent years not been in the center of scientific interest, they were considered a relatively limited number of scientists [1; 5; 6; 9; 10], which in General have laid the Foundation to deal with the subject. Scientists note that at present, a set of norms that regulate the evaluation of business qualities of an employee, not an independent legal form of the Institute of labor law, these rules mainly relate to the Institute of the employment contract [9]. Target of research. The purpose of this article is to consider the problem, which relates to the business qualities of the worker and their importance for the conclusion of an employment contract. Article’s main body. Now there are the importance of business and professional qualities as conditions of conclusion of the employment contract and the rights and responsibilities of employees in accordance with the terms of the employment contract.Professional qualities – is the tool, the Arsenal of professional means by which the worker performs their work functions. Following this direction, we can conclude that the list of competencies in each specific case is determined primarily by the range of works given profession, specialization, qualification and position, that is, the employment function, for which the employment contract is concluded.Category business skills are not always convenient to use, since one or the other characteristics of the employee in some cases may be relevant to the business qualities of the worker, but not others. Therefore, in our opinion, the most correct to use the term «peculiarities of the performed work». Of course, this solution on the local level is quite complex in the process of the rulemaking, but in the future will not only facilitate the process of employer recruitment, but also for the employees will guarantee protection against groundless refusal to conclude an employment contract. Conclusions and prospects for the development. It is concluded that to provide an exhaustive list of business qualities of the employee (professional and personal), as their set due to a specific employment function. So, it is appropriate to limit approximate an open list, leaving room for local rule-making within the competence of the employers.

Authors and Affiliations

F. A. Tsesarsky

Keywords

EP ID EP458073
DOI -
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