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Will recent changes to the Labor Code strengthen control?
Will recent changes to the Labor Code strengthen control?
The creation of electronic control capabilities can be mentioned as the main goal of the latest changes in the Labor Code. Thus, since the concept of labor contract notification was used before the changes, the employee's notes in the electronic labor contract had no legal basis. After the last change, the State Labor Inspection Service's creation of an opportunity to view all the terms of the labor contract concluded between the employer and the employee in the form of an electronic document can be seen as a support for the control mechanism. Also, along with the electronic correspondence between the employer and the employee, electronicization of terminations and vacations will support the use of control tools by the state agency. At the same time, the employer's sending the employee's salary information to him will be referred to as reference documents for individual labor disputes, as well as guaranteeing the employee's right.
Example 1. The employer specified the basic vacation days of his specialist employee as 21 days instead of 30 days in the electronic employment contract. Prior to the change, the number of days recorded in the EMAS subsystem did not have any legal effect because the employer indicated 30 days instead of 21 days in the labor contract concluded in paper form during the inspections of the state agency. After the new change, there is no need to conclude an employment contract in paper form, since the employment contract concluded in the form of an electronic document is signed by both the employer and the employee. For this reason, the document with legal force for the state institution will be an employment contract concluded in the form of an electronic document.
Let's look at another situation encountered during individual labor disputes.
Example 2. Before the amendment, the following situation was possible: the employee claims that the employer did not terminate his employment contract even though he submitted an application for termination of the employment contract 1 month in advance, and the employer states that the application form is appropriate not submitted to the department. It was possible for the employer to cancel the employee's application without registering it. But after the new change, if the employee submits the application in electronic form one month in advance in accordance with Article 69 of the Labor Code, the employer will not be able to claim that the application was not submitted.
The creation of electronic control capabilities can be mentioned as the main goal of the latest changes in the Labor Code. Thus, since the concept of labor contract notification was used before the changes, the employee's notes in the electronic labor contract had no legal basis. After the last change, the State Labor Inspection Service's creation of an opportunity to view all the terms of the labor contract concluded between the employer and the employee in the form of an electronic document can be seen as a support for the control mechanism. Also, along with the electronic correspondence between the employer and the employee, electronicization of terminations and vacations will support the use of control tools by the state agency. At the same time, the employer's sending the employee's salary information to him will be referred to as reference documents for individual labor disputes, as well as guaranteeing the employee's right.
Example 1. The employer specified the basic vacation days of his specialist employee as 21 days instead of 30 days in the electronic employment contract. Prior to the change, the number of days recorded in the EMAS subsystem did not have any legal effect because the employer indicated 30 days instead of 21 days in the labor contract concluded in paper form during the inspections of the state agency. After the new change, there is no need to conclude an employment contract in paper form, since the employment contract concluded in the form of an electronic document is signed by both the employer and the employee. For this reason, the document with legal force for the state institution will be an employment contract concluded in the form of an electronic document.
Let's look at another situation encountered during individual labor disputes.
Example 2. Before the amendment, the following situation was possible: the employee claims that the employer did not terminate his employment contract even though he submitted an application for termination of the employment contract 1 month in advance, and the employer states that the application form is appropriate not submitted to the department. It was possible for the employer to cancel the employee's application without registering it. But after the new change, if the employee submits the application in electronic form one month in advance in accordance with Article 69 of the Labor Code, the employer will not be able to claim that the application was not submitted.