Time limits in the employment contract

Clients of our PRWT accounting office ask about the difference between the date of concluding the employment contract and the date of commencement of work.

These dates (starting work and concluding a contract of employment) may coincide, but they may be completely different dates. Often, employers conclude an employment contract with an employee on a specific date, e.g. October 10, specifying in it that the date of commencement of work is only November 1. What does it mean?

The day of conclusion of the employment contract is the moment when a legal relationship is established between the parties to the contract, specifying the date on which the terms and conditions set out in the contract will become effective. As already mentioned, this date may be the same as the date of employment relationship is established or later. From the date of the conclusion of the employment contract, the employer and the employee have the right to expect the other party to implement the provisions contained in the contract.

On the other hand, the date of commencement of work is the day on which the employment relationship is established between the employer and employee. From that day, the rights and obligations of the employer and employee arise. However, one more important issue should be noted. The date of commencement of work does not necessarily mean the day on which the employee has to physically turn up for work. It may happen that, according to the schedule in force, the employee’s work will start on a different day than the date of the employment relationship.

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