Employment Contract Without Mistakes: Top 5 Questions Most Frequently Asked by Employees

Fixed-term or indefinite contract? Is it mandatory to work two weeks before resignation? When can an employer change working conditions without the employee's consent? These questions remain among the most common in the field of labor relations, especially under martial law conditions, when certain rules have been changed by special legislation.

At the same time, there are many myths surrounding employment contracts. Some employers insist that an employee must agree to a fixed-term contract, others offer to conclude a civil law contract instead of official employment. In reality, the legislation establishes clear rules designed to protect the rights of both parties. Let's consider the five most important questions that every employee should know the answers to.

1. Can an employer force an employee to sign a fixed-term employment contract instead of an indefinite one? Only if there are legal grounds. A fixed-term contract is permitted by law not only in exceptional cases but when the nature of the work, the conditions of its performance, or the interests of the employee require it. The general rule of the Labor Code of Ukraine is that an employment contract is concluded for an indefinite period. A fixed-term employment contract is allowed only when the nature of the work, conditions of its performance, the interests of the employee, or other circumstances do not allow establishing indefinite labor relations.

For example, a fixed-term contract is completely legal if an employee is hired to cover the maternity leave of the main employee, to perform seasonal work, or to implement a project with a defined term. During martial law, employers have gained broader opportunities to conclude fixed-term contracts, including for the rapid involvement of new employees or replacement of temporarily absent employees. However, this does not mean that any candidate can be unjustifiably forced to agree specifically to a fixed-term contract.

If the work is permanent in nature and there are no legal grounds for a fixed-term contract, the employee has the right to insist on concluding an indefinite employment contract. What does this mean for the employee? If the employer explains the need for a fixed-term contract only by saying "this is how everyone is being hired now," it is worth asking for justification of such a decision. In the absence of legal reasons, concluding a fixed-term contract may become the subject of a labor dispute.

2. Can you resign without two weeks' notice during martial law? Yes, but not in all cases. The general rule of Article 38 of the Labor Code provides that an employee who wishes to resign voluntarily must notify the employer in writing two weeks in advance. At the same time, the law establishes exceptions.

First, the two-week period does not apply if there are valid reasons directly defined by law. For example, relocation, enrollment in an educational institution, caring for a child or a sick family member, retirement, and other circumstances.

Second, according to Article 4 of the Law of Ukraine "On the Organization of Labor Relations under Martial Law", during martial law, an employee has the right to terminate the employment contract within the period specified in their resignation letter if the enterprise is located in a combat zone or there is a real threat to their life or health. However, this rule does not apply to employees involved in work at critical infrastructure facilities or performing socially useful work in cases provided by law.

Besides the special provision of Law No. 2136, all valid reasons from Article 38 of the Labor Code (enrollment in higher education, childcare, relocation, etc.) remain in force.

Practical example

If the enterprise continues to operate in a settlement under constant shelling, the employee has the right to request dismissal on the date they specify without two weeks' notice. What does this mean for the employee? The mere fact of martial law does not cancel the two-week notice rule. There must be grounds defined by law.

3. When can an employer change the terms of the employment contract without the employee's consent? Not every change in working conditions is illegal, but the employer does not have complete freedom of action. This primarily concerns changes to essential working conditions: the system and amount of remuneration, work schedule, establishment or cancellation of part-time work, changes in job duties, benefits, etc. During martial law, changes to essential working conditions are allowed only due to changes in the organization of production and labor. During martial law, the employer is exempt only from the obligation to notify the employee two months in advance — notification is made before the introduction of new working conditions. Other requirements of Article 32 of the Labor Code remain in force.

At the same time, such changes must comply with legal requirements, be properly documented, and communicated to the employee. A feature of martial law is that the two-month notice rule for changing essential working conditions is temporarily not applied. The employer notifies the employee before the introduction of new conditions.

However, the employer cannot arbitrarily change the employee's actual job function or transfer them to another permanent position without complying with legal requirements. What does this mean for the employee? If you are informed about a change in schedule or payment conditions, it is worth demanding an appropriate order or other document stating the reasons for such changes. Oral notifications cannot replace proper documentation of personnel decisions.

4. Employment or civil law contract: which option to choose? This is one of the most important questions because the type of contract determines the rights a person will have. An employment contract regulates the process of performing work. The employee holds a certain position, works according to an established schedule, complies with internal labor regulations, and the employer provides the workplace, pays wages, and guarantees social rights.

In contrast, a civil law contract is aimed at achieving a specific result. The client is interested not in the work process but in the finished product — a created website, repaired premises, conducted audit, or provided consultation. Therefore, the contractor under a civil law contract organizes their work independently, does not comply with internal labor regulations, and has no right to paid leave, sick leave, or protection from unlawful dismissal.

How to understand if you are actually being offered labor relations?

You should be cautious if several of the following signs are present simultaneously:

• you need to work according to a set schedule;
• you must be present daily at the office or store;
• your work is supervised by a manager;
• company equipment and materials are used;
• a fixed monthly remuneration is paid;
• you need to agree on vacations and days off.

In such a situation, concluding a civil law contract may indicate a disguise of labor relations.

Practical example

A waiter, salesperson, administrator, cashier, or accountant who works daily according to a schedule on the employer's premises usually should be under labor, not civil law relations. In contrast, a designer who develops a company logo once or a programmer who creates a website for a separate project may lawfully work under a civil law contract.

5. What rights does an employee have after concluding an employment contract?

After official employment, the employee receives not only wages but also a set of guarantees provided by labor legislation. In particular, they have the right to timely payment of wages at least twice a month, safe and healthy working conditions, paid annual leave, payment for temporary incapacity, protection from unlawful dismissal, social insurance, and crediting of insurance experience for future pension.

These guarantees are most often lost by those who agree to work without proper documentation or sign civil law contracts instead of employment contracts without real grounds.

What to pay attention to before signing a contract

Before signing, it is worth carefully checking: what kind of contract is being offered, whether the position and job function are specified, whether the amount of remuneration is defined, whether the contract term and its grounds are established, whether an order of employment has been issued, and whether the State Tax Service has been notified about the employee's hiring.

In conclusion, an employment contract is not a formality but the main document that defines the rights and obligations of the employee and employer. The type and content of the contract determine whether a person will have the right to paid leave, sick leave, social insurance, and protection from unlawful dismissal. During martial law, the rules for organizing labor relations have indeed undergone certain changes.

However, they have not abolished the basic guarantees for employees nor granted employers the right to arbitrarily change working conditions or employ everyone only under fixed-term or civil law contracts. Therefore, before signing any document, it is worth clarifying what kind of contract is being offered, what rights it guarantees, and whether its terms comply with legal requirements. This will help avoid conflicts with the employer and protect your labor rights in the future.

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