Putting the relationship between employee and employer into a written contract is essential for protecting the basic rights of both parties. When core rights, job descriptions and other terms are documented in writing, employees can assert their rights by filing a formal written petition or notice.
The Importance of Written Contracts for Employees
The fundamental issue in the relationship between an employee and employer is the agreement reached at the start of employment and the working conditions set out there, as well as the reasons for termination when leaving or being dismissed. For example, if an employer makes a substantial change to working conditions and the employee does not accept it, such a change cannot be imposed unilaterally. In that case the employee may have the right to terminate the employment contract for just cause. Whether a change qualifies as a substantial modification requiring the employee’s consent depends on the terms of the contract between the parties. If the contract grants the employer the right to make that change, the employee’s consent is still required. Although a fixed-term employment contract is not always required to be in writing, preparing the employment contract in writing, in two copies (one remaining with the employee), and having both parties sign it helps prevent future disputes. It is important that one signed copy be kept on file.
Keeping records in writing is also crucial to protect entitlement to compensation and other rights if the employment relationship ends. For example, an employee who notifies the employer that they are terminating the contract for just cause and seeks severance pay may rely on the employer’s apparent agreement and leave the job—only later to find that, because they resigned, they lost their right to compensation. In such cases, having every step documented in writing is extremely important to preserve employee rights.
When Employees Should Complete Procedures in Writing
In public institutions, submitting a written petition makes it easy to prove matters later. In the private sector, however, written procedures are often not emphasized. While larger corporate employers may keep better records, employees in small and medium-sized businesses frequently do not make written requests for their rights.
When it comes to termination of the employment contract, the most common formal method is to send the notice through a notary. Because notarization can be costly, alternatives such as SMS or email are sometimes used. Nevertheless, the most reliable and fastest way for employees to protect their rights is to submit a written petition directly to the workplace.
How to Submit a Written Petition to the Workplace
Employees have the right to submit a written petition directly to their employer in cases of contract termination, resignation or other matters. The employer is obliged to respond to the petition. The petition must follow proper procedure. The top section should state the name of the institution to which the petition is being submitted; along with that, the employer’s name should be indicated. If the employer is a legal entity, the name of the company, foundation, association or other organization should be provided. If the full legal name of the company is not known, the name of a company partner can be used. The commercial trade name of the workplace should not be entered in this section.
In the body of the petition, the complaint or request should be described clearly and precisely. If the matter concerns leaving employment, the date of termination should be included. The petition should be prepared in two copies; both copies should be signed by the employer and one returned to the employee as proof of submission. This signed petition will serve as primary evidence in case of future legal proceedings.