Features of the Conclusion of Employment Contracts under the Laws of Ukraine and Poland: Comparative Legal Analysis

The article deals with the issues of concluding labor contracts in Ukraine and Poland.  The author analyzes the scientific research, legislative acts of Ukraine and Poland and points to the general rules of law of these countries in regulating the issues of concluding labor contracts, as well as to the differences between them.  Analyzed are separate articles of the Labor Code of Ukraine and the Polish Labor Code, laws on employment of the population, on the employment of foreigners.  It reveals the positive experience of Poland in protecting against discrimination of legally employed foreign nationals, as well as the prohibition of competition.

 The features of the conclusion of labor contracts in Poland are considered: a contract of employment, a contract agreement and a contract of assignment.

  The author concludes that the most beneficial for an employee in Poland is a contract of employment, since when it is concluded an employee is provided with large long-term benefits.  The procedure for concluding an employment contract for the laws of Poland is the same as the procedure for concluding an employment contract for the laws of Ukraine.

 In practice, the contract of assignment prevails in Poland, which, according to the legislation of Ukraine, is considered as a civil law contract.

  At the end of the work it was concluded that when preparing the draft Labor Code of Ukraine for the second reading, certain norms of Polish law should be taken into account in order to better regulate labor relations.