In Europe as in many other labor markets, there are labor laws that you need to know before going to work to avoid losing rights or violating European labor laws, ...
What do you need to remember about European labor laws?
1. Time for foreigners to start a labor contract
Foreigners can be hired to work when they have a work permit and a work permit. Without these documents, a legal labor contract cannot be signed.
Under the Labor Law, labor relations start from the date of contract performance. If the employee does not start working on the agreed date but fails to provide a satisfactory reason, the employer has the right to cancel the contract. Before reaching the agreement of the labor contract, the employer is responsible for informing the employee about the rights and obligations arising when signing the contract as well as the work plan and pay. If it is a foreign worker, this issue must be agreed in advance or as soon as there is an offer to work (or before signing a labor contract), this is necessary to report to the Office of Employment Transaction. as the State when applying for a work permit. In some cases, workers must go through a health check and the employer is responsible for this.
From the first day of implementing the labor contract, the employer must be responsible for:
- Inform workers about working regulations at the employers' request and in accordance with other laws and regulations to ensure safety and health while working as well as agreements collective labor and rules. These notices must be communicated to workers in a language they can understand, preferably in their native language. The law does not provide a written or oral form of notification
- Assign work to employees as agreed in the contract.
- Paying wages on time and on time as agreed.
- Create conditions for employees to complete their work well.
- Respect the provisions prescribed by law, collective labor agreements and labor contracts.
From the start of the work, the employee is responsible for following the instructions of the employer, fulfilling the work commitments in the contract, performing the right working time, labor discipline as well as regulations on occupational health and safety at work
2. Terms of the labor contract and the signing of a labor contract
The main contents of the labor contract stipulated in the Labor Law include:
- Type of work that the employee receives to work (must be consistent with the type of registration in the work permit),
- Work place (city, town and organizational unit or specific workplace) must be in accordance with the place registered in the work permit issued by the Office of State Employment Transaction,
- Start date of work,
- Basic rights and obligations arising in labor relations,
- Other terms for the contracting parties such as probationary period (maximum of 3 months), for foreigners, the contract must include additional terms on contract extension time ( if)
Labor law stipulates that the contract must be in writing and signed by both parties. If it is a foreign worker, the contract must be bilingual so that both parties can fully understand the terms of the contract and avoid problems arising. The employer must make a copy of the contract for the employee
3. Requirements for individual employees
- The type of work is understood as a job or a form of employment that an employee receives. The determination of the type of work should not be too wide to avoid incomplete contract performance, but it is not too narrow, otherwise it will limit the workability of workers. Therefore the identification of the type of work must be accurate to properly regulate the scope of work of the employee and the responsibility of the employer. The assignment of other jobs is not in accordance with the labor contract commitment and so is different from the work permit.
- The place of work may be one or several locations agreed in the labor contract. It is necessary to stipulate a regular place of work, in case it is necessary to determine per diem if the employee is sent to work during the working time. If a foreign worker is found to be working in a location that is not in accordance with the work permit, it will be considered illegal.
- Probationary period may be negotiated with foreign workers, usually 3 months as stipulated by law, can be agreed in less time. If the probationary period is not specified in writing, it will not be valid. During a probationary period, either party (workers or employers) can cancel the contract without giving a reason.
4. Responsibility to announce rights and obligations to employees
The law stipulates that employers must notify workers of their rights and obligations. Such notice is considered to be part of the employment contract or must be delivered to the employee in writing within one month of the employee's start of employment. Any changes in rights and obligations, the user must also notify the employee. In the case of less than one month of labor relations, this obligation is not required. This information includes:
- The name and position of the representative of the employer if the legal entity is, or the name and address of the employer if it is a natural person,
- Identify work and place of work,
- The right to holidays, Tet holidays by Law,
- Specifying terms on notification of termination of employment contract,
- Determine clearly the salary and types of bonuses, the payday, the place of pay and the form of payment
- Determine clearly the working hours of the week and the arrangement of working hours
According to the regulations of European Union countries, workers must be informed of the obligations of employers, to ensure safety for employees and limit disputes arising in labor relations. If the employer does not comply with this obligation, the labor contract will be considered invalid and subject to fine by the Office of State Employment Transaction.
5. Can an employer assign employees to perform a different job than the contract?
Regarding labor relations with foreigners, a labor contract must be consistent with a work permit, which means that any change in the employment contract must not be different from the work permit. job.
For each change, the user needs to discuss it in advance with the State Employment Transaction Office, where the work permit is issued and on a case-by-case basis. The State Employment Transaction Office may issue a corresponding new work permit. If the workplace is changed to another area, a work permit application is required at the new workplace. Do not arbitrarily assign employees to work at other locations.
Not to transfer foreign workers, even temporarily, to another employer. It must be clearly understood that the work permit is granted on the basis of the labor market and the employer applies for foreign workers due to the lack of workforce to complete the job for themselves.
** Dispatching employees to work and working allowances?
Foreigners may be sent to work as local workers, but the agreement on business travel must be stated in the labor contract. The work is meant to go to a different place that is not a regular place of work, to perform certain tasks and after completion will return to the old position.
According to the regulations, business travel is agreed to complete the work requirements stated by the employer. The requirements of the trip include: the place where the employee is sent (region, city / province), how long, for what purpose, the means of transportation. Workers who are sent to work, in addition to agreed wages, also have the right to be paid per diem according to Act No. 119-1992. The payment of travel expenses includes:
- Travel expenses (usually transport tickets such as air tickets, booking tickets, tickets for cars / cars and the like)
- Actual expenses (employees have the right to rent accommodation if users cannot provide housing)
- Allowance for meals in accordance with the law or collective labor agreement.
- Costs needed (telephone, fax, luggage storage, parking and other similar things)
The allowance for meals for each working day is determined as follows:
- 57-69 CZK, if the trip lasts from 5-12 hours
- 87-105 CZK, if the trip is continuous from more than 12 hours to 18 hours
- 136-163 CZK, when the trip is continuously more than 18 hours
In the above mentioned subsidies, the meal allowance is set by the user or specified in the collective agreement. Where workers change their work places regularly due to the nature of the work, the collective labor agreement may stipulate lower daily meal allowance (if not specified in the collective agreement, then the Payment must be applied by law). If the meal is guaranteed by the employer free of charge, there is no allowance for meals and if only part of the meal is free, the meal allowance will be reduced only partially.
Truyền thông ICC Hà Nội (Th).