Зміст трудового договору за законодавством України

The article examines the terms of an employment contract, which together form its content. The peculiarities of labor relations during the period of martial law have been taken into account. It is substantiated that the employment contract remains the main form of realization of the right of an individual to work in Ukraine. The employment contract is the basis for the emergence of labor relations and is considered concluded when the parties have agreed on its content. When concluding an employment contract, the parties must agree on essential (mandatory) conditions, as well as additional (optional) conditions. Mandatory conditions of an employment contract are conditions regarding the place of work, the employee’s job function, remuneration, the start of the employment contract and its term. The place of work is understood to be an enterprise located in a specific area where the employee will work. In some cases, the place of work may be more specific, since this condition of the employment contract primarily characterizes the legal status of the employer as a participant in the employment relationship. The employee’s job function is determined by the professional qualification that the person has obtained and which is certified by an appropriate document or by the type of work, if its performance does not require special knowledge. A person independently determines the type of his/her employment by obtaining a professional qualification based on the results of training or by performing work that does not require prior qualification, which he/she freely chooses and agrees to. It has been established that an essential condition of an employment contract may be the condition on the commencement of the employment contract, since the moment of conclusion of the employment contract does not always coincide with the moment of commencement of work by the employee. When concluding an employment contract, the parties may agree on its term. As a general rule, an employment contract is concluded for an indefinite period, that is, it is open-ended. The issue of remuneration is important when concluding an employment contract. It has been proven that the parties to an employment contract may include other conditions in the content of the employment contract, which in this case become mandatory.