The transformation of the employment contract: the theoretical and practical problems

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The transformation of the employment contract: the theoretical and practical problems

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue

Abstract

The article is devoted to the theoretical and practical problems of legal regulation chan- ges in the employment contract. The concept of the employment contract transformation is studied. It is considered as a stage in the dynamics of the employment relationship, in which some changes in the rights and responsibilities of worker and the employer are happening. The transformation of the employment agreement is also considered in the subjective aspect as its parties act, aimed at the change of certain rights and obligations. A feature of the stage of change of labor relations, in contrast to the stages of origin and termination, it is optional, it is not excluded the cases when labor relationship, especially short-lived, can exist intact. It is obvious that the change of the employment contract must occur according to certain rules stipulated by labor legislation. Based on the fact that the actions of the parties aimed at changing the labor contract, are legal acts directly related with the will of the parties, they should meet the legal requirements in form and content. In turn, a clear and unambiguous fixing of grounds for changing employment contract acts as a guarantee against improper actions of the parties. The conclusion of inappropriate use term “innovation” to describe cases of change of employment contract in the field of labor law is made. Special attention is given to research concepts, types and procedures of transfers as one of the most common types of changes in the employment contract. It is noted the difference between the concept of transfer and гelocation of employee. The concept of relocation of employees that occurs without their consent, requires rethin- king in the context of a market economy with the aim of strengthening the guarantees of employees’ labor rights. Therefore, if the workplace or a structural unit were contemplated by the parties when concluding the employment contract, they assume the character of substan- tial and changing them later may not only occur at the sole discretion of the employer witho- ut the employee’s consent. A relocation that can be made without the consent of the employee, is the changing workplace of the employee, if it was not stipulated in the employment contract, which is carried out without changing its essential conditions. Because written documents clearly demonstrate the will of the parties of a procedure, in our opinion, the agreement of the parties modifying the terms of the employment contract must be in writing. The article indicates the current problems associated with the change of the employment contract in the practice of law and proposes solutions.

Authors and Affiliations

Yana Simutina

Keywords

employment contract the employment relationship change transfer move change the essential working conditions

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