Definition of temporary employees is made and features of legal regulation of work of this category of workers reveal.
WHAT FEATURES of REGULATION of WORK of TEMPORARY EMPLOYEES
Article 7 Labour Code of Ukraine provided osobenyonost of legal regulation of work of temporary employees.
Temporary workers and employees workers and the employees employed for the term up to two months, and for replacement of temporarily otyosutstvuyushchy workers, for which soxranyaetsya their place of operation (position) – about four months admit.
About acceptance on a short run the worker dolzhen to be warned at the conclusion of the vremenyony employment contract. About temporary xaraktere the employment contract it can be specified in prikaze about acceptance work or instead of the instruction in the order on a temporality of a labor doyogovor direct definition of term of the employment contract is allowed.
According to Art. 23 the Labour Code definition of konkretyony term in case of acceptance on temporary rabotu is obligatory. Temporary trudoyovy the contract can be concluded also for the period of performance of a certain work.
The trial period in case of acceptance for work of temporary employees isn’t established.
According to a part of the ninth Art. 6 of the Law of Ukraiyona "About holidays" to temporary employees holiday is provided in proportion otrabotannomu by them to time.
Temporary workers and employees have the right rastorgnut the employment contract, having warned about it administration in writing in three days.
The basis for an early rupture of a labor doyogovor with temporary employees on iniciative the owner is default rabotniyoky without valid excuse the duties assigned to it by the employment contract or rules of the internal labor schedule.
The employment contract with temporary workers and sluyozhashchy is considered the prisoner for neopredeyolenny term in cases:
if the temporary worker or the employee rabotaet respectively over two - or chetyrekhyomesyachny term and any of the parties doesn’t demand the termination of labor relations;
if the dismissed temporary worker or sluyozhashchiya is again employed on the same sayomy enterprise, in establishment, the organization after a break which doesn’t exceed one week if thus term of its work and after a break in total respectively exceeds two or four months.
(On materials The magazine for a ker_vnik).