Lecture 2. Employment Procedure. Employment Contract. Categories of employees презентация

Lecture 2 Employment Procedure Employment Contract Categories of employees 6 September 2016

Agenda: 1. Hiring procedure 2. Pre-requisites to hiring 3. Suitable work 3. Definition and characteristics of employment contract 4. Restrictions to conclusion of employment contract 5. Requirements to the employment contract structure 6. Provisions of employment contract 7. Post-employment procedures, employer’s acts 8. Employment of various categories of employees 9. Team match

Hiring procedure:

Pre-requisites to hiring:

Suitable work: - For disabled candidates: work with respective access facilities - For candidates with children under 7 years old: may be work with flexible working hours or part-time work - For candidates with no work experience and no specialty (or candidates who had not had work experience within more than 2 years): may be work, which required initial professional training - Temporary work may be suitable for (i) students and high school students during summer vacation period, (ii) candidates with no work experience and qualification, (iii) candidates who are not provided with work due to downtime, (iv) candidates willing to resume work (with no work experience over 2 years) who were sent to professional training by employment department and have not completed it without any reason, (v) unemployed candidates who refused completing additional training/education upon receipt of unemployment payment.

Employment contract is a contract between employee and employer, under which: - the employee takes obligation to perform the work in person and comply with the rules of internal labour regulation, while - the employer takes obligation to provide the work under agreed job description, proper working conditions (as stipulated by the legislation of the RK, collective bargaining agreement and the employer’s acts) and pay salary to the employee timely and in full. Generally, employment contract can be concluded with employees over 16-years old (certain exemptions apply).

Distinctive characteristics of the employment contract:

Restrictions to conclusion of employment contract:

Restrictions to conclusion of employment contract:

The Labour Code provides for a specific list of items which should be included into employment contract: 1. Full requisites of the parties to the contract 2. Work under a certain specialty, profession, qualification or job function 3. Place of work 4. Term of employment contract 5. Work commencement date 6. Work time and rest time schedule 7. Remuneration conditions 8. Description of work conditions (benefits and guarantees, where needed) 9. Rights and obligations of the employee 10. Rights and obligations of the employer 11. Procedure for introduction of amendments or termination of the contract 12. Liability of the parties to the contracts 13. Date of conclusion and number of the contract The parties to the employment contract may agree on additional provisions of the employment contract provided they do not contradict labour law of the RK.

Term of employment contract:

Probation period Term: up to 3 months generally Exemptions: heads of legal entities and their deputies, chief accountants and their deputies, heads of branches and representative offices: up to 6 months Probation period should be suspended for the period of employee’s absence at work Results of probation period: Positive – no further actions Negative – employment contract can be terminated at any time during probation period with a written notice to the employee explaining reasons for unsuccessful completion of probation period

Post-employment procedures:

Employer’s acts Employer within its scope of authorities can issue the following acts: - orders (приказы) - requests (распоряжения) - instructions - rules - policies (положения) - shift schedules (графики сменности) - rotation schedules (графики вахт) - vacation schedules (графики отпусков) Some of them may require coordination/discussions with employees (their representatives) prior to approval (in particular, vacation schedules and work safety instruction, and other acts if are enlisted in the collective bargaining agreement).

Procedure for negotiation of employer’s acts with employees’ representatives:

Employment of the member of the executive body Terms and conditions: general - Extra compensation for early dismissal may be envisaged (golden parachutes) - Signatory to the employment contract is participant(s) or the duly authorized by participant(s) person - Term is determined by the legislation, foundation documents or agreement between the parties - Probation period may be set up to 6 months - Additional ground for dismissal - Longer period of possibility to impose disciplinary sanctions If the sole founder is at the same time appointed as the company’s head, no employment contract should be executed. In this case a specific employer’s act should be issued.

Team match!!! 1. We need to hire people now. What should we do?

PRESCRIBED READING: 1. Articles 12, 24 – 37 and 140 of the Labour Code 2. Article 86 of the Code on Administrative Violations 3. Articles 12, 27 and 28 of the Law on Employment 4. Law on Obligatory Insurance of Employees Against Work-Related Accidents 5. Rules of Conduction of Work Safety Training