FEATURES OF THE CONTRACT WITH THE HEAD OF THE LEGAL ENTITY

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FEATURES OF THE CONTRACT WITH THE HEAD OF THE LEGAL ENTITY

Journal Title: Право та інновації - Year 2014, Vol 4, Issue 8

Abstract

Problem setting. A head plays a huge role in providing activity of any enterprise, establishment, organization, carrying out the functions of management a legal entity. A head has a special legal status, due to the fact that it is both a body of legal entity and an employee, who himself is in labor relations with the owner of such entity. A special legal status of the legal entity regardless of ownership determines features of the legal regulation thereof, in particular, certain features of the contract form employment contract that is concluded. Complications issue in relation to adjusting of labour relationships with the leader of legal entity is related to that a national legislation does not pay attention to adjusting of labour of leading link of enterprise, establishment and organization, there is no legal act that determines the legal status of such employee. Target of research is research of features of adjusting of labour relationships with the head of enterprise by means of the special form of labour contract and ground of necessity of closing of deal with the leaders of legal entities. Analysis of recent researches. Such scientists as Lukashev N. M., Mogila D. V., Prilipko S. M., Slusar A. M., Yaroshenko O. M. and others paid attention to the regulation of labor relations with the head of enterprise, establishment, organization. Article's main body. As noted p. 3 Article 21 Labor Code of Ukraine, the sphere of conclusion of the contract form of labour contract is determined by the laws of Ukraine, that is the contract may be applied only for those classes of employees provided by the law. The possibility of conclusion of a contract with heads of state owned enterprises provided by the Cabinet of Ministers of Ukraine dated March 19, 1993 № 203 " About application of contract form of labour contract with the head of state owned enterprise". The possibility of contracting with heads of non-state owned enterprises provided by legislation pt. 4. Art. 65 Commercial Code of Ukraine, according to which, the contract concluded with the head of enterprise, which defines the term hiring, rights, duties and responsibilities of the supervisor, conditions its financial support, dismissal and other conditions of employment agreed by the parties. Contract is necessary and effective control of labor manager’s relations as exactly by means of contract there is strengthening of the individually-contractual adjusting of labour relationships, by establishment of necessary and additional terms of labour, and all relations related to fulfiling commitment. Conclusions and prospects for the development.Summarizing resulted, it may be noted that in the contemporary economy contract is the effective means of legal regulation of relationships with such specific labour subject as a head of legal entity, there is a specific order to contract with head of enterprise, establishment, organization, can contain certain terms, that differ from a labour contract that does not ground to include the sphere of labour relationships with the leader of enterprise to the civil law. There are many specific terms of the contract form of labour contract, which were not covered by this article (head’s liability, the conditions for supervisor’s competition, the conditions for long working time, etc.) and require further reserch. Keywords: head of a company, contract, contract conditions, labor relations, employee, employer.

Authors and Affiliations

Karyna Malinovska

Keywords

EP ID EP117137
DOI -
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