Labour right – Employee, Employer, Working time

Labour right – Employee, Employer, Working time

Characteristics of employment

Employment is a labour contract between employee and employer. This employment arises with agreement between employee and employer.

Participants of employment

1. Employees

Duty of employees is observing of employer´s directions. Employees should get a wage from employer. This wage should be dependent from output of employee.

1. Employers

Employer is a person which employees one and more people. Employers should give a wage to their employees. Right of employers is an observing of directions from site of employees.

Other duties of employees

1. Employees should be active during working time.
2. Employees should protect a property of company.
3. Employees should not afford a company´s
4. Employees should not speak about working activity to other people.

Other duties of employers

1. Employers should control employees.
2. Employers should pay a wage to their employees every month.
3. Employers should create a safe labour conditions. 
4. Employers should create a conditions for education of employees.
5. Employers should create a labour discipline
6. Employers can appreciate to your employees.
7. Property of employer should be protected.

Arising and expiry of abilities

1. Natural person

• Capacity to enter into rights and duties

Capacity to enter into rights and duties arises with birth and expiries with death.

• Capacity to enter into legal acts

Capacity to enter into legal acts arises with become a major and expires with death.

• Capacity to enter into working contract

Capacity to enter into working contracts arises from 15 years of life and expires with death.

• Capacity to enter into material responsibility

Capacity to enter into material responsibility arises with become a major and expires with death.

1. Artificial person

Capacity to enter rights and duties, legal acts and material responsibility arises with arising and expires with expiring.

Agreement of continual employment

Arising of employment

Employment should to arise with making of contract between employee and employer. 

Contest of working agreement

Working agreement should contest these terms:

1. Date of coming to the work
2. Place of employment
3. Characteristics of labour activity

Period of probation

Length of period of probation is six months long.

Outplacement for other work

Reasons of outplacement for other work

1. Worse health condition of employee
2. Pregnancy of female employee
3. Catching disease of employee

Working time and break for rest

1. Working time

Maximal length week working time is 40 hours. Maximal length of week working time of adolescent employee who is 15-16 years is 30 hours. Maximal length of week working time of adolescent employee who is 16-18 years is 33 hours.

1. Break for rest

Length of break for rest in work is 30 minutes. This break is after 5 hours of work.

Nursing mothers with child to six months can have 3 breaks which have length 30 minutes.

Nursing mothers with child to one year can have 2 breaks which have length 30 minutes.

Start and end of working time

Employee must be to the workplace before start of working time and employee must be from workplace after end of working time.

Types of occupational leave

Length of occupational leave

Maximal length of occupational leave is 4 weeks when employee is 18 to 33 years.

Maximal length of occupational leave is 5 weeks when employee is more than 33 years.

Maximal length of occupational leave for teachers is 8 weeks

Maximal length of occupational leave for workers who have occupational hazard is + 1 week.

Maternal and parental leave

1. Maternal leave

Maternal leave of employee who has 1 child is 34 weeks

Maternal leave of employee who has more than 1 child is 43 weeks.

Maternal leave of isolated employee is 37 weeks.

1. Paternal leave

Paternal leave of employee who has a healthy child is 3 years, paternal leave of employee who has a disabled child is 6 years.

Wage

Wage is a financial reward for done work.

Wage can not be less than minimal wage.

Types of other employment

1. Working contract for shorter working time

Employee must not work every day. This employee is not favoured.

1. Parallel working contract

Parallel working contract is a contract when employee has got 2 and more working contracts. Every working contract has got other rights and duties.

1. Working contract for specific season

Working contract for specific season is a working contract which agrees for exact season.

1. Working contract for permanent season

Working contract for permanent season is a working contract which does not agree for exact season. 

1. Employee with handicap

Employee with handicap needs a specific working conditions. Employer can set up a sheltered workshop.

1. Working contract which is done at home

Other employments

1. Agreement for part- time job

This agreement has to be written. This agreement is one year long Allegation season is 15 days. This agreement is suitable for students. Length of week working time is 20 hours. It is paid a hourly paid.

1. Agreement about working activity

This agreement has to be written. This agreement is one year long. The allegation season is 15 days. Length of week working time is 10 hours. It is paid a job wage.

1. Agreement about doing of work

This agreement has to be written. This agreement is one year long. The allegation season is 15 days. It is paid a job wage. Length of week working time is 10 hours.

Reasons of ending of employment

1. Agreement

This agreement is written because of expiring of working contract.

1. Allegation season

Allegation can be from site of employee and employer.

• Allegation from site of employer

1. Expiring of company
2. Worse of healthy condition of employees
3. Uselessness of employee

Allegation

Allegation from site of employee

Ban of allegation

1. Employee has got a temporary worse of health condition
2. Employee has got an employment as soldier
3. Employee is alone which looks after a child who is less than 3 years

The immediately ending of working contract from site of employee

Employee lost a healthy condition suddenly. This employee had an injury.

The immediately ending of working contract from site of employer

Employee committed a criminal act

Two types of cash prize

• Retirement benefits

Reward of retirement benefits is a monthly earnings

• Compensation money

Reward is dependent from working years.