In the publication answers to questions are given: What terms of test the employer can establish at reception of the worker for work? What features of labor relations with the temporary employee? Whether the consent of the worker to moving to other place of work is required? How the consent of the worker to transfer to other work should be expressed? Whether there can be the initiator of cancellation of the collective agreement an employer (administration)? Whether the employer is obliged to notify the workers who have reached a retirement age, about emergence at them of the right to pension and to make everything necessary papers for its appointment?
WHAT TERMS of TEST the EMPLOYER CAN ESTABLISH AT ACCEPTANCE FOR WORK AND WHEN the WORKER is CONSIDERED THAT THAT PASSED TEST
What terms of test the rabotodayotel can establish at acceptance for work and when the worker schitaetsya that, what passed test?
According to Art. 27 of the Labor code of Ukraine it is defined that test term at acceptance for work if another isn’t established by a zakonodayotelstvo of Ukraine, can’t exceed three months, and in some cases, on a soglasovayoniya with the relevant committee of trade union – six months.
If the worker in test was absent from work in connection with temporary netrudosposobnostyu or for other good reasons, term of test can be prolonged for sootvetyostvuyushchy number of days, throughout koyotory it was absent. It is necessary to pay attention that h. 3 Art. 27 the Labour Code don’t provide obyazatelyyony extension of term of test, and only dopuskaet such possibility which the employer has the right to realize by the publication of the order of the corresponding contents with which the rabotyonik should be acquainted.
Article 28 Labour Code provides that if term of an isyopytaniye ended, and the worker continues rabotat, it is considered that that sustained an isyopytaniye, and the subsequent rupture of a labor dogoyovor is allowed only in accordance with general practice.
If throughout term of test discrepancy of the worker to work on which it it is accepted is established, the employer or the body authorized by it throughout this term has the right rastorgnut the employment contract. The gap labor dogovora on these bases can be appealed by a rayobotnik in an order established for a rassmotyoreniye of labor disputes in questions of dismissal.
In test the worker has all labor laws and has duties sootyovetstvenno to the legislation on work, kollektivyony and labor contracts. Only one osobenyonost is in its legal status – in test he can be discharged from office as such that didn’t stand test. For dismissal by results of test mozhet to be the basis only discrepancy of the worker of a dolzhyonost on which it is accepted. Let’s turn vnimayony that violation of labor discipline can’t be the basis for such dismissal. The worker can be dismissed for such violations on the basis of the Labour Codes corresponding articles, instead of by results of test.
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What features of labor relations with the vremenyony worker?
The workers employed within two months, and for replacement of temporarily absent rabotyonik behind which their place raboty (position) remains – about four months are considered as temporary employees. Labor legal relationship of such workers reguliruyutsya existing Decree of Presidium of Verkhovnoyogo Soveta of the USSR "About working conditions of temporary workers and employees" from 24.09.1974. Persons who are employed vremennymi as workers and employees, are warned about it at an execution of an employment agreement. In the order (order) on acceptance for work it is noted that this worker is accepted on a short run, or the prodolyozhitelnost – is specified 2 months.
Temporary workers and employees have the right rastorgnut the employment contract, having warned about it the owner in writing in three days. To the temporary worker or the employee who has been illegally discharged from office, average earnings during compelled progula from the date of dismissal before restoration on work or the terminations of term of work on dogovoru, but no more than in three months should be paid. If such worker concluded the employment contract for the term of no more than six days, it can be employed within this term on vyyokhodny days – without the permission of trade-union committee of the enterprise, establishment, the organization, and also to work in holidays. For work these days other days of rest aren’t provided, and compensation is carried out in the unary size. The employment contract with temporary employees schitaetsya continued sine die and on them doesn’t extend action of this Decree in the following cases:
when the temporary employee worked over the specified terms, and any of the parties not potrebovala the terminations of labor relations;
when the dismissed temporary employee again employed on same predpriyayoty, in establishment, the organization after pereryva which doesn’t exceed one week if thus term of its work before and after a break, generally, respectively exceeds two or chetyre month.
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Whether the consent of the worker to moving to other place of work is required?
For moving of the worker of his consent not trebuetsya. If the forthcoming work protivopokazana to it on a state of health, the owner or the body authorized by it hasn’t the right peremeshhat the worker.
The legislation on work directly not predusmotreyono that when moving it is necessary to publish prikaz or the order. Practice prompts that moving registration in the order (raspoyoryazheniye) is the most accurate form of a zakyorepleniye of this legal action.
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Whether there can be the initiator of cancellation of the collective employment contract an employer (administration)?
No, can’t. It isn’t defined by the Law, even in case of organization elimination, the collective agreement continues to operate during all term of carrying out elimination.
However the employer (administration) has pravo to initiate change and addition of the collective agreement during term of its action (Art. 14 of the Law of Ukraine "About collective agreements and agreements"), koyotory are made by a mutual consent storon in an order defined in a collective doyogovor and if the order isn’t defined, as it should be – established by the Law for its conclusion.
(On materials The magazine for a ker_vnik).