CHARACTERISTICS OF A CONTRACT

Characteristics of work contracts

What is a work contract?

An employment contract is an agreement between employers and workers by which he undertakes to provide certain services by the businessman and under his leadership, for a fee.

Who can sign a contract of work?

  • Adults (18years).
  • Children18legally emancipated years.
  • Over16and18if they have parental consent or who have dependants. If they live independently, with the express or tacit consent of their parents or guardians.
  • Foreigners in accordance with the legislation applicable to them.

The employment contract may be formalized by writing or word.
It is obligatory in writing when required by a legal provision, and always in contracts that relate:

  • Practices.
  • Training.
  • For the realization of a work or service determined.
  • Part-time, fixed discontinuous and slack.
  • At A distance.
  • Contract workers in Spain at the service of Spanish companies abroad.
  • Contracts for time interval, whose length exceeds four weeks.
  • Contract of fishermen.

Each of the parties may require the contract is concluded in writing at any time of the course of the employment relationship.

  • Its establishment is optional and agree, it should reflect in writing in the contract.
  • Its maximum duration will be established in collective agreements, and in its default duration may not exceed six months for qualified technicians, or two months for the rest of the workers.
  • During the trial period, the worker will have the same rights and obligations for the job to play, as if outside template.
  • During this period may terminate the employment relationship by either party, without giving any reason and without notice, unless agreed otherwise.
  • The trial period is computed in order of seniority.
  • The situation of temporary disability that affects the worker during the trial period interrupted the computation of the same, whenever there is agreement between both parties.
  • In companies with less than25workers, the trial period may not exceed three months to workers who are not qualified technicians.
  • Cannot establish trial period when the worker has already played the same functions earlier in the company, in any form of recruitment.

  • An employment contract can be undefined (fixed), or have a fixed duration (temporarily).
  • In principle all work contract is undefined and full time, except that the employment contract stated otherwise.
  • The rules governing each type of temporary contract, establish what is the minimum and maximum duration of the contract.

  • An employment contract represents some rights for the worker, who become obligations for the businessman. At the same time, the obligations that gets the worker becomes rights of their employer.

The entrepreneur contracted obligations with:

  • The worker: when the employment relationship is shorter than four weeks, the entrepreneur shall inform the worker written on the essential elements of the contract and main conditions of execution of labour services, provided that such elements and conditions are not on the employment contract formalized in writing.
  • Legal representatives of workers: also shall deliver legal representatives of workers, a copy of basic contracts formalised in writing (with the exception of contracts of special relations of high direction, for those who is sufficient notice), as well as the extensions of these contracts and complaints, taking the same10days. The basic copy will contain all the data of the contract with the exception of the number of D.N.I., domicile, marital status and any other information that may affect the identity of the person concerned. Subsequently, such basic copy will be sent to public service jobs. When there is no legal representation of workers should also be formalized copy basic and refer to the Public employment service.
  • The public employment service: entrepreneurs are obliged to inform the Public employment service within the10days of its conclusion, and in the terms are determined by regulation, the content of employment contracts concluded or the extensions of the same, whether or not formalized in writing.

Worker's rights:

  • To effective occupation during working hours.
  • The promotion and training at work.
  • Not to be discriminated against for accessing a job.
  • Physical integrity and privacy.
  • To receive the remuneration agreed on time.
  • The other established in the contract of employment.

Worker's duties:

  • Meet the specific obligations of job according to the principles of good faith and diligence.
  • Meet the safety and health measures taken.
  • Carry out orders and instructions of the entrepreneur in the exercise of its leading role.
  • Do not perform the same activity that the company in competition with it.
  • Help improve productivity.
  • The other established in the contract of employment.