An employment contract is an agreement between a worker and his employer in which the former agrees to carry out certain tasks and to follow the instructions of the latter. This, in exchange for a certain remuneration.
The employment contract is the basic tool for the proper functioning of the labor market and you need to reinforce it to make it work properly. A reinforced contract specifies the conditions under which a worker will carry out certain tasks commissioned by the employer. Rights and duties of the parties are derived from the employment contract and it is a fundamental test when the help of a judge is requested in cases of non-compliance or disagreements.
Essential elements to work on to reinforce your contracts and make the flawless
The contracts can have different forms, but in all of them there are some elements that are essential:
Identification of the parties: The names, surnames, addresses and identification documents of the parties who sign the contract.
Start date and duration of the employment relationship: These data must be placed, even if it is a period of foreseeable duration.
The domicile of the company: Location of the center where the worker will go to perform his functions.
Description of the category or professional group of the job: Explain in general terms what the job is about, what are its main functions and obligations.
Amount of starting salary and salary supplements: Salary and other additional payments such as, for example, for Christmas or New Years.
Hours: Duration and distribution of the working day.
Benefits: Length of vacation.
Terms: Periods in which notice must be given in order to finalize the contract. This goes as much on the part of the worker as on the part of the employer.
Collective agreement: If applicable.
Types of contracts to reinforce
Contracts can be classified in different ways:
According to its formalization: Contracts can be verbal or written.
Verbal: the agreement between the worker and the employer is verbal. There is no document that proves the relationship. This poses a risk in case of default.
Written: A document is written detailing the conditions of the employment relationship.
According to their duration: contracts can range from indefinite to limited to a period of time or work.
Fixed term: The contract has an end date although there is usually the possibility that the contract is renewed automatically or under certain conditions.
Indefinite term: The contract does not have an end date, and in principle it will be extended as long as the parties deem appropriate.
Per work: The contract will last until a particular work or task is completed.
Temporary or transitory: the contract will last for a short period of time that is limited to covering a temporary need such as: The replacement of a worker for maternity leave, a peak in demand in a certain season, replacement of a worker on vacation , etc.
Another element that usually appears in contracts (although it is not mandatory) is a trial period where the worker must demonstrate their suitability for the job. The employer can terminate the employment contract before the end of the trial period without major consequences (in particular, it does not have to compensate the worker).
It should be noted that in an employment contract there must be a subordinate relationship, that is, the worker places himself under the orders of the employer in order to carry out a certain activity. This subordination relationship is characteristic of employment contracts, although not exclusive (there may be other subordination relationships as well).
