domingo, 4 de marzo de 2018

The Contract Of Employment.



The contract of employment is an agreement between an employer and an employee in which the employee has to do a job, while following the employer's orders and the employer has to pay the worker a salary for it.
Also known as employment contract or employment agreement.

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Now we will ask who can sign a contract? Well, that depends both on the employee and the employer, which I will explain as follows:

  • Employee
    • Age
      • to be older than 18 years old or younger than 18, but legally emancipated (marriage, judicial concessions...)
      • to be older than 16 years old, but with parent's or tutor's permission.
      • under 16 years old, only for public shows.
    • Nationality
      • to be a European citizen
  • Employer
    • to be older than 18 years old or younger, but legally emancipated.
    • The employer can be:
      • a physical person
      • a legal entity
      • a joint property
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In this way, the form of a contract can be:

  • Written or verbal in some cases.
  • It is also presumed that the contract was permanent and full-time when:
    • a writeen contract was compulsory, but it was done verbally.

Some of the minimum contents that a work contract must have are the following:

    Resultado de la imagen para el período de prueba
  • place where and the date when the contract was signed.
  • the name of the employer and employee.
  • the title of the job and the professional group.
  • the place of work.
  • the hours of work and the work schedule/timetable.
  • the start date and the end of the employment.
  • payment (base salary and other kind of compensation).
  • the annual vacation/holidays.
  • the length of notice.

I guess most of you will know that it is the trial period, in my case, I did not know this term. For this reason, I will explain what it consists of.

  • It is a period at the beginning of the employment relationship in which employer and employee test if hiring is convenient for both parts.
    • The trial period starts from the beginning of the employment relationship and lasts for the time period that has been agreed upon.
    • During the trial period, employees have the same rights and benefits as any other way.

  

Now let's see the different types of contracts that exist:

  • Permanent contracts
    • Ordinary permanent contract.
    • Entrepreneurs support permanent contract.
  • Temporary contracts
    • Perfomance of a specific task or service
    • Production overload or blocklog
    • Temporary replacement.
    • First young employment.
  • Training contracts
    • Training and learning contract.
    • Internship or work esperience contract.
  • Part-time contracts
    • Ordinary part-time contract.
    • Release contract.
    • Seasonal employment contract.

This last part of the contract types I explain it to you in the following way. Indicating the necessary information and with some detail.



PERMANENT
TEMPORARY
TRAINING
PART-TIME

Ordinary permanent
Entrepreneurs support permanent
Performance of a specific task or service
Production overload or backlog
Temporary replacement
First young employment
Training & learning
Internship or work experience
Ordinary part-time
Release
Seasonal employment




What is it for?
The one that is converted without establishing time limits in the provision of service a as the duration of the contract
Indefinite work contract with tax incentives and bonuses
Performing work or providing a service which is temporary but of certain duration.
Because a production overload.
For a replacement.
For youngsters under 30 years old without work experience or lower than 3 months.
To train young people and help them join workforce.
Put into practice the knowledge and skills got during the academic training.
Number of hours per day, week, month or year lower than the ones belonging to a full-time contract.
To replace a worker who is going to get partial retirement for another one.
Alternation of activity periods and non-activity periods.






Length






Undefined




It must be for an indefinite period, full day



3 years
4 years bargain agreement.
6 months in a period of 12 months.
12 months in a period of 18 months bargain agreement.
Until the return of the previous employee or, in a recruitment process, 3 months.



3-6 months, 12 months bargain agreement.




From 1 to 3 years.





6 months- 2 years.


Minimum until the worker who retires is completely retired.





Extensions




There aren't extensions




Undefined



No extension


6 months only once



No extension



No extension
Can be extended twice, without exceeding the maximum length. (6 months)

Can be extended twice. Minimum length 6 months.




Compensation

Depends on the type

Depends on the type

12 days per year

12 days per year

No compensation

12 days per year


No compensation.

12 days/year









Other characteristics




It can be verbal and written, may be held full time, part-time or for the provision of discontinuous fixed services
There is a probationary period one year. In this support contract of entrepreneur it is not possible to establish a trial period when the employee has performed the save functions in the company before in any type of control
  • If you chain different temporary contracts for a length equal to 24 months or above within a 30-month period.
  • A certain limit of time.
  • Full time or part time.
  • Written or verbal.




Certain limit of time.
Written or verbal.
Full-time or part-time.
If you chain different temporary contracts for a length equal to 24 months or above within a 30-month period.
A certain limit of time.
Full time or part time.
Written or verbal.




-Payment will be proportional to the working hours.
-No certificate yet.
-It can’t be part-time.



-You have the certificate.
-Payment according to collective agreement. (not less than 60-70%)
Complementary hours:
-Agreed in writing.
-Permanent and temporary workers who work at least 10 hours/week.
-3 days prior notice.
-They are paid as ordinary hours and contribute to the Social Security.



The worker who retires will work between 25% and 50% of the usual working hours.


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