TYPES OF EMPLOYMENT AGREEMENT /PART 2/
e. A part-time employment agreement Article 66.1 of the Revised Labor Law stipulates that a part-time employee is an employee who works fewer hours than a full-time employee. The Revised Labor Law further states that a part-time employment agreement must specify working days, working starting and ending times, and working hours per week.
In some labor law practices, in the event where the employer is hiring an employee for working less time than full time, the employer enters into a contract for hire agreement or in some cases doesn’t enter into any agreements in which case the employee is employed but unable to exercise his or her rights under the Labor Law.
Therefore, this regulation plays a vital role in preventing and resolving the negative consequences mentioned above. A part-time employee shall have the same rights and responsibilities as a full-time employee, except as otherwise provided in the Revised Labor Law, and shall be subject to the same labor legislation, collective agreements, collective bargaining agreements, and internal labor regulations.
A part-time employee is entitled to the annual leave and additional annual leave like a full-time employee, as it is stated that part-time employees are provided with basic and additional annual leave based on their total hours worked during the given year22
In addition, the Revised Labor Law set forth that part-time employee may not work more than 32 hours per week.
f. Working from home employment agreement means an agreement to be concluded in case of performing work by the employee from home or chosen location under the supervision and control of the employer using his / her own or the employer’s equipment and raw materials. The following conditions shall be expressly specified in the agreement:
● Work location;
● Work to be performed;
● Deadline and form of handing over the work done;
● Wages and salaries;
● Payment per unit of goods produced and services rendered (tariffs);
● The amount of compensation to be paid by the employer in case of use of the employee’s own property and equipment.
g. Remote work employment agreement An employer may enter into a remote work employment agreement with an employee allowing him/her to perform his/her work duties remotely online fully or partly. The following conditions shall be expressly agreed:
● Location of work;
● Deadline and form of handing over the performed work;
● The amounts of compensation that shall be paid by the employer in case of use of own property and equipment.
● Therefore, the employer must specifically include the above in the remote work agreement with the employee under this agreement.
h. Employment Agreements of Domestic Service Employees, Assistant Herders, and Similar Employees
The Revised Labor Law states that an employer is a business entity, organization, citizen, or stateless person who employs a person based on an employment relationship. This provision makes clear that an individual person can be an employer. The current Labor Law is unclear as to whether an individual person is an employer.
In connection with the introduction of the above regulation, it has been reflected newly in the Revised Labor Law that individuals can enter employment agreements with domestic service workers, assistant herders, and similar employees.
With the introduction of this new type of employment agreement, a person engaged in domestic service and assistant herding will be able to communicate with an individual employer within the framework of the employment relationship specified in the Labor Law and resolve issues in accordance with the Labor Law. If an assistant herder or a domestic service worker or similar employee lives and works at the employer's home or employer's property and premises, the employer is obliged to ensure normal living conditions of those employees.
Also, the employer and his or her family members are obligated to respect the rights and freedoms of the employee, and the Revised Labor Law specifically stipulates that a domestic service employee is not obliged to be at the employer's home on weekends and public holidays unless otherwise provided in the employment agreement.
In addition, with regards to the assistant herder, no more than 30 percent of a herder's salary may be paid in the non-cash form if the assistant herder agrees.