Babenko E. Legal regulation of negotiating and change of labor contract.

Dissertation is devoted to complex research of theoretical and practical problems of the legal regulation of negotiating and change of labor contract. The essence is explained and are singled out the main features of the employment contract, the historical stages of the institution of employment are studied. The attention is payed to imperfections and incompleteness of legislative definition of the labor contract. The structure of the legal basis and making changes in the labor contract is defined. It is proved that regulatory basis has two components: legal and regulatory. Given the classification of problems of the legal basis according to the factors that influence its imperfections. A number of proposals to the ways of their overcoming is made. The three stages of the labor contract are determined: 1) the proposal by one party on the desire to enter into an employment relationship and acceptance thereof by the other; 2) negotiations or procedure in assessing an employer merit candidates and, accordingly, employee working conditions offered; 3) making a decision on the negotiating the labor contract, we mean, reaching an agreement on all of its terms and signing of the deed. Revealed the nature and essence of such categories as "conditions of contract", "working conditions", "terms of a contract, which is not significant", "direct and derivative terms of the employment contract". Proposed to refuse from using in the law the category "essential conditions" because it has no significant meaning to describe the working conditions and terms of labor contract. For the last should be used the terms "mandatory" and "additional" conditions. The definition of "change of labor contract" is formulated, given classification of changes of the labor contract and investigated each of its types, the suggestions for improve the grounds and procedure for such changes are made.