Features of Legal Regulation of Employment Contracts with Seasonal and Temporary Employees

  • A. Ya. Radzividlo Kharkiv National University of Internal Affairs
Keywords: an employment contract, labor relations, temporary employees, seasonal employees, an employer, trial run.

Abstract

The article is focused on studying peculiarities of employment contracts with seasonal and temporary employees in Ukraine. The employment contract as the basis of the origin of labor relations with seasonal and temporary employees has been researched. The norms of the decrees of the Presidium of the Supreme Rada of the USSR “On working conditions of temporary employees and officials” dated from September 24, 1974 No. 311-09 and “On working conditions of employees and officials engaged in seasonal work” dated from September 24, 1974 No. 310-09 have been analyzed .

It has been noted that peculiarities of legal regulation of employment contracts with temporary and seasonal employees relate primarily to their conclusion and termination, as well as content. It has been proved that some provisions of regulatory acts that regulate the employment of temporary and seasonal employees are outdated; others require some revision.

It has been offered to develop modern regulatory acts on the application of temporary and seasonal work. These acts must first of all establish the concept: “seasonal employees – individuals hired under an employment contract for work that as a result of natural and climatic conditions performed not through a year, but during a certain period (season), not exceeding six months”; “temporary employees – individuals hired under an employment contract for a period up to two months, and for the replacement of temporarily absent employees, who retain their place of work (position) – up to four months”. It has been substantiated that the List of Seasonal Works and Seasonal Industries needs to be updated, based on the realities of the present day.

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Author Biography

A. Ya. Radzividlo, Kharkiv National University of Internal Affairs

Post-graduate student.

References

Melnyk K.Yu., 2014. Labor law of Ukraine [Trudove pravo Ukrainy]. Kharkiv: Disa plius.

Gusov K.N. and Tolkunova V.N., 2003. Labor law of Russia [Trudovoe pravo Rossii]. Moscow: Velbi; Prospekt.

Pylypenko P.D., 2003. Grounds for the emergence of individual employment relationships [Pidstavy vynyknennia indyvidualnykh trudovykh pravovidnosyn]. Kyiv: Znannia.

Prokopenko V.I., 1998. Labor law of Ukraine [Trudove pravo Ukrainy]. Kharkiv: Konsum.

Zhernakov V.V., Prylypko S.M., Yaroshenko O.M. et al., 2012. Labor law [Trudove pravo]. Kharkiv: Pravo. (Ed.: Zhernakov V.V.).

Leviant F.M., 1966. Types of employment contracts [Vidy trudovogo dogovora]. Moscow: Yuridicheskaya literatura.

Pylypenko P.D., 1999. Problems of the theory of labor law [Problemy teorii trudovoho prava]. Lviv: Lvivskyi natsionalnyi universytet imeni Ivana Franka.

Melnyk K.Yu., 2016. Problems of legal guarantees of labor rights of employees when concluding, changing and terminating an employment contract [Problemy yurydychnykh harantii trudovykh prav pratsivnykiv pry ukladenni, zmini ta rozirvanni trudovoho dohovoru]. Kharkiv: Kharkivskyi natsionalnyi universytet vnutrishnikh sprav.

Published
2020-06-26
How to Cite
Radzividlo, A. Y. (2020) “Features of Legal Regulation of Employment Contracts with Seasonal and Temporary Employees”, Bulletin of Kharkiv National University of Internal Affairs, 89(2), pp. 69-76. doi: 10.32631/v.2020.2.06.