Какво казва закона за устните договорки между работодател и служител

Много хора не знаят, че устните споразумения на работното място в много от случаите имат същата тежест законово, както и договорите на хартия. Устните договорки могат да бъда използвани в съда, ако някоя от страните реши да ги наруши, въпреки че без писани споразумения това е трудно доказуемо.

Условия за устни договорки

Съгласно закона съществуват два основни термина, които представляват обвързващо споразумение.

Устното споразумение ще бъде задължително, ако има споразумение за услугите, които ще бъдат изпълнени, и е постигнато споразумение относно възнаграждението за тази услуга. Това споразумение може да е постигнато чрез вербална размяна лично, по телефона или по и-мейл.

Съществуват определени договори и споразумения, които трябва да бъдат сключени в писмена форма и това са договори за продажбата на имоти, договори за наем, договори за прехвърляне на авторски права и договори за потребителски кредити. В някои случаи, вербалните споразумения не се отчитат в съда, не поради липса на написани такива, а поради това, че условията за това вербално споразумение не са изяснени.

Писани споразумения

За всяко споразумение относно обмен на услуги е разумно да има някаква форма на договор или писмено изявление. Договорът или изявлението трябва да включват условията на споразумението и е особено полезно, ако възникне спор между страните.

Пълни устни споразумения

За да бъде вербалното споразумение правно обвързващо, то трябва да е достигнало пълнота. Това означава, че всички условия са били постигнати и договорени по отношение на предоставяне на услугите и условията на заплащане.

Споразуменията ще бъдат непълни, ако има още допълнителни условия, които да бъдат договорени. Споразуменията, които са първоначални, обикновено не се приемат в съда като не се считат за пълни.

Устни споразумения и спорове

Ако някоя от страните реши да наруши споразумението, може да бъдат предприети съдебни действия. В повечето случаи спора може да се основава на обосновката на условията на устното споразумение.

Има няколко начина, по които съда ще се опита да установи условията на споразумението. Те биха могли да включват разследване на това, което действително се е случило на практика, включително дали услугите са действително предоставени и дали са платени някакви пари за каквито и да било услуги.

Прилагане на устно споразумение

Освен да се заведе делото в съда, има и други начини за налагане на устно споразумение. В случай, че се дължат пари, може да се прибегне до агенция по вземанията, която да помогне за получаване на сумата.

Ощетената страна по договора може също така да изпрати писмо, и-мейл или да направи телефонно обаждане, за да изясни неспазените споразумения по договора и да поиска дължимото. Трябва да се пазят копия от всички и-мейли и писма, в случай, че се стигне до съд.

Заплащане преди услугата

Един от начините да се избегне такъв спор, е да поискате част от плащането да бъде извършено преди предоставяне на услугата. Имайте предвид, че в много от случаите клиента може да не се съгласи на това. В някои случаи, ако дадено лице наруши договора и задържи плащането, тогава има вероятност човека изобщо да не е възнамерявал да плати за услугата.

Заплахите със съдебни действия при нарушаване на вербален договор не могат в действителност да помогнат в случай, че една от страните възнамерява да не изпълнява споразумението.

Законът обаче счита пълните вербални споразумения за правно обвързващи и въпросът може да бъде предявен в съда, за да може съдията да вземе окончателното решение.

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