On the issue of freedom to conclude an employment contract

Abstract

The article considers the essence of the principle of freedom to conclude an employment contract, which expresses the essence of a significant number of rules governing the employment of citizens. Its content is that the fate of the employee's employment relationship with the employer is determined by the employment contract, which is the foundation of their emergence. It is noted that the freedom to conclude an employment contract is manifested in the fact that a person (a) has the right to dispose of their abilities to work, choose the type of activity or abandon it altogether, (b) can offer himself as an employee to any employer, (c) has the right to freely discuss the terms of the employment contract, to agree with them or to refuse them.

In order to ensure a proper balance of rights and legitimate interests of employers and persons wishing to find employment, the new Labor Code of Ukraine should include an article on the freedom to conclude an employment contract and state it as follows: "The parties to the employment contract are free and enjoy equal rights. Coercion to enter into an employment contract is not allowed, except in cases where the obligation to enter into an employment contract is provided by this Code, other laws or obligations assumed by the employer voluntarily. Unreasonable refusal to conclude an employment contract is prohibited. A person invited to work by way of transfer from another enterprise (institution, organization) by agreement between the head of the enterprise (institution, organization) may not be denied the conclusion of an employment contract. At the request of the jobseeker or a specially authorized state body, the employer is obliged to notify them of the reason for refusal in writing no later than three days after the application. Refusal to conclude an employment contract may be appealed in court".