Peculiarities in concluding an employment contract in the code of labor laws and similar acts of foreign countries
DOI:
https://doi.org/10.35774/app2022.03.146Keywords:
employment contract, fixed-term contract, permanent contract, employment, employer, employeeAbstract
The conclusion of fixed-term employment contracts and contracts for an indefinite period was studied. It is highlighted which sources of foreign countries are aimed at regulating issues related to the establishment of labor relations. On the basis of foreign legislation, it is established from what age a person can become a participant in labor relations.
The main conditions that, according to the legislation, form the basis for the creation and functioning of an employment contract are analyzed. The maximum duration of a fixed-term contract in different legal systems is indicated. The peculiarities of concluding an employment contract with such a category of workers as migrant workers are considered. The concept of "commercial secret" and which legal acts of foreign countries regulate this concept are revealed. The content and procedure for concluding the "Non-Competition Pact" have been clarified. It was concluded that when concluding an employment contract, such two factors as citizenship or legal status of the employee play a significant role.
References
Abstract (summary) Employment contract in foreign countries. URL: https: //ukrbukva.net/page,5,117112-Trudovoiy-dogovor-v-zarubezhnyh stranah. [in Ukrainian].
Employment contract in Germany. URL: https://europortal.biz.ua/evropa/nimechchyna/robota/robochyj-kontrakt-u-nimechchy [in Ukrainian].
Employment contract in European countries. URL: http://refs.com.ua. [in Ukrainian].
Savchuk S. Features of legal regulation of fixed-term employment contracts in some European countries. Journal of Kyiv University of Law 2020, pp. 286-289. [in Ukrainian]. https://doi.org/10.36695/2219-5521.2.2020.54
Employment contract in Austria: content, rules of registration, and changes. URL: https://immigrant-austria.com/en/blog/employment-contract-in-austria [in Russian].
Slobodyan Yu. Yu., Amelicheva LP. Legal regulation of labor relations in Germany. Bulletin of the Student Scientific Society of Vasyl Stus Donetsk National University. 2020. №12. volume.1. Pp. 91-95. [in Ukrainian].
Mindestinhalt eines Arbeitsvertrags. URL: https://arbeitsrecht.online/arbeitsvertrag/handbuch [in German].
European Agreement on the Regulations Governing the Movement of Persons between the Member States of the Council of Europe. URL: https://zakon.rada.gov.ua/laws/show/994_231Text [in Ukrainian].
Regulation (EC) No 593/2008 of the European Parliament and of the Council "On the law applicable to contractual obligations" (Rome I). URL: https://zakon.rada.gov.ua/laws/show / 994_905 Text [in Ukrainian].
Key Aspects of German Employment and Labor Law / Editors: Jens Kirchner, Pascal R. Kremp, Michael Magotsch. - Springer-Verlag: Berlin Heidenberg, 2010. 327 s. [in English].
Pallasch U. Arbeitsrecht. I. Auflage. Verlag Franz Vahlen. Munich. 2016 416s. [in German].
TzBfG - nichtamtliches Inhaltsverzeichnis. URL: http://www.gesetze-im-internet.de/ tzbfg [in German]
Paul Jacob. Labor law in the Czech Republic. Czech trade and entrepreneurship.URL: 008-EN-Labor_Law_in_the_CR.pdf [in Russian].
Comparative labor law: textbook./ BS Bezzub, LV Golyak, OM Kisilevich, and others; for the head ed. A.S. The cat. Kyiv: IAPM, 2005, p. [in Ukrainian].