THE ROLE OF STANDARD AND MODEL EMPLOYMENT CONTRACTS IN REGULATING LABOUR RELATIONS

Abstract

The article analyses the place of standard and model employment contracts within the system of normative legal acts that govern labour relations. It explores the essence of these contracts and pinpoints the differences between model and standard forms, highlighting their regulatory properties in employment relationships. Unlike civil legislation, current labour law contains no provisions that explicitly require – or even entitle – the parties to an employment relationship to use model or standard contract forms. The authors assess the appropriateness and legal effect (mandatory force) of applying such contracts to the regulation of labour relations. It is noted that the parties may rely on statutory models or standard forms that exist for certain categories of employment contracts. Drawing an analogy with civil‑law practice, the article argues that when a standard contract form is prescribed, the parties can negotiate only additional terms – particularly those concerning the rights and obligations of the employee and employer, certain remuneration issues, and specific characteristics of the work performed. The analysis calls into question whether the principle of freedom of contract can be fully respected when the use of a standard employment contract is made compulsory by law, because in that case the parties would lose the ability to frame the bulk of their own terms. The conclusion states that, overall, model and standard employment contracts approved by the competent authorities can be beneficial insofar as they streamline hiring procedures. Nevertheless, transplanting into labour law the same approach used in civil and commercial relations is deemed inappropriate, given the social orientation of labour relations.