Working Abroad: What to Check in the Employment Contract to Avoid Falling into a Trap
Before signing an employment contract for work abroad, it is worth carefully checking all its terms, as risks may be hidden in the details. The State Labor Service explained that the contract must be written in a language understandable to the employee or contain a certified translation. It is also not recommended to sign documents in a foreign language that the person does not fully master.
Special attention should be paid to the employer's details. The contract must specify the full name of the company, its address, and registration number. If the employer is listed as a private individual without entrepreneur status, this may indicate a significant risk.
In addition, the document should not have blank spaces that can be filled in after signing. Job duties must be clearly defined, without vague phrases such as "performing the manager's assignments."
The State Labor Service also advises checking that the salary amount is specified as a concrete sum, not general phrases. Particular attention should be paid to the currency of payments, payment deadlines, work schedule, number of working hours, days off, and conditions for overtime pay.
Among potentially dangerous clauses, the agency highlights the conditions for contract termination. In particular, it is worth checking whether large fines are imposed for resignation initiated by the employee.
It is also necessary to find out whether the contract obliges the employee to reimburse expenses for visa processing, airfare, or training in case of dismissal, as such conditions can be used to create debt dependency.
Another important aspect is the storage of personal documents. The contract cannot contain a provision allowing the employer to take the employee's passport or other personal documents "for safekeeping."
As previously written by the Judicial and Legal Newspaper, Ukrainian legislation allows employees to work remotely, including from outside Ukraine. When formalizing such employment relations, it is important for the employer and employee to correctly define the working conditions, interaction procedures, and to draw up the employment contract in accordance with legal requirements.
According to the Labor Code, an employment contract for remote work must be concluded in writing. At the same time, during martial law, the parties may independently agree on the form of such a contract, including formalizing it as an electronic document using an electronic signature.
The personal presence of the employee to sign documents is not mandatory if the employer and employee have agreed on electronic communication. At the same time, the employee may perform remote work from another country if the employment relations are governed by Ukrainian law and the employer is registered in Ukraine.
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