Employment contract – what it should contain and how to change it
The employment contract is the basis on which the employer gives the worker a job, that is, it is the basis for the employment of a natural person – the worker.
An employment relationship is established by entering into the work of an employee based on a concluded employment contract.
The conclusion of the employment contract should precede the beginning of employment with the employer. After concluding the employment contract, the employer is obliged to register the employee for mandatory insurance, which he proves by handing over a copy of the certified application to the employee.
An employment contract is a formal contract that is concluded in writing and, in accordance with the law, contains the following information:
a. the name and seat of the employer;
b. first and last name, place of residence or place of residence of the worker;
c. the duration of the employment contract;
d. on the day of commencement of work;
e. place of work;
f. the workplace where the worker is employed and a brief job description;
Mr. the length and schedule of working hours;
h. salaries, salary supplements, and payment periods;
and. compensation of wages;
j. duration of annual leave;
k. notice period and other information regarding working conditions established by the collective agreement.
Instead of data from points g., h., i., j., k. and l., the corresponding article of the law, collective agreement or labor regulations, which regulates these issues, can be indicated in the employment contract.
In the event that the employment contract is not concluded in written form or the order agreement does not contain the prescribed elements, the employer can be charged with a misdemeanor and be fined in the amount of 1000.00 KM – 3000.00 KM.
If there are changes to certain contractual conditions, the employer cannot arbitrarily change the employment contract or offer the employee to sign the Annex to the contract, but is obliged to comply with the procedure for canceling the employment contract with the offer to conclude a new one with changed conditions.
The employee must declare the offer to conclude an employment contract under modified conditions within the deadline set by the employer, which cannot be shorter than eight days.
If the worker does not accept the offered contract, his employment relationship with the employer ends, if he accepts, he retains the right to challenge the permissibility of such a change to the contract before the competent court.
In the event that the employer and the employee have mutually agreed on changing certain conditions, they can terminate the contract by agreement, and then conclude a completely new contract.
Workers should be vigilant and under no circumstances sign annexes, new contracts if they already have previously concluded contracts, agreements if they do not represent their will, and the so-called blank agreements.
Employers who are not sure how to make changes to the Employment Agreement can contact our law office for advice.
