Employment Contract Conditions and Types
Employment Contract Conditions
Conditions. In the employment contract, a valid precedent can extinguish or derogate the employment contract, provided they do not involve an abuse of rights by the employer. Resolutory condition: A trial period, if not surpassed, terminates the contract. For example, not meeting the performance demand.
INVALIDITY. If an employment contract is declared void by the court, there are results from this declaration of nullity. The contract disappears, but the employee is entitled to salary for the time worked. Validity of the contract. If a court finds only part of the employment contract void, the rest will remain valid and shall be supplemented with the appropriate legal requirements as provided under paragraph 1 of Article 3 of this Law. Forfeiture and revocation. All litigation arising from an employment contract has a limitation period of one year from the end of the contract. This applies when there is a material with a specific deadline. This period of one year does not count from the end of the contract, but in the case of claims for compensation, the year is from the time that the employer had to pay this fee. Special Period will be within 20 days for regular cases since the extinction of the contract in cases of: dismissal, termination of contract by any employer’s decision, resolution, or termination of temporary contracts within one year is barred. The deadline is 20 working days of expiration, i.e., not continuous. This is established for the case where the worker claims against the employer.
ITEM 4. Types of employment contracts.
I. BY REASON OF SUBJECT:
- Asociado.
- Trabajo auxiliary.
- Contract in common and group contracts. If the employee, as agreed in writing, joins together to work as an assistant or helper, the employer of one of them will be the employer of all.
The employer hires a worker, and to perform its service delivery, needs a helper. Then, the employer hires another worker (assistant associate) to assist the other employee. Effects of this type of contract: where the worker is required to help, the working contract in principle will also require help for other workers. There are two ways to write these contracts: to help a specific person or to help those who occupy such jobs.
1. Group Work Contract
The worker is the group of workers, and therefore, the individual requirement is not given here. There is a contract for a worker. For example, a work crew, field workers, or a band. The group must appoint a representative who must be a member of the group and called the group leader, who acts on behalf of the group. The salary is paid to the group leader, and this is divided. If a member leaves, they can be replaced, but the boss will have to inform the group. This will not affect the contract.
BY REASON OF THE CASE:
- Contract learning: experience contract.
- Training contract.
The contract for an indefinite period of fixed-discontinuous work is concluded for work having the character of fixed-discontinuous and does not occur on certain dates within the normal volume of business activity. In the case of discontinuous work to be repeated on certain dates, it shall be subject to the regulation of a part-time contract concluded for an indefinite period. Discontinuous-time workers will be called in the order and manner set forth in the respective collective agreements. The employee may, in case of default, in proceedings of dismissal, claim before the competent court, initiating the deadline for doing so from the moment that they became aware of the lack of notice.
Work and Given Service
Legal system: contract to be made in writing. When you start, you have to put on and know the work or service given and the period of this, but usually, it is not known exactly when it ends. The type of work or service must be hired by anyone with own autonomy, i.e., that is independent. Collective agreements in the sector, no company may agree on the type of works or services that can be hired for the contract labor and services, and even in these collective agreements, they can set the maximum number of specific contracts that can be performed in a company. The agreements typically set activities but not the number. When the work or service finishes, if the employee continues to work in the company without any other contract, the worker can complain to the judge that the employment relationship has become indefinite. It only becomes indefinite directly if they have not spent more than 10 days since the end of the contract for works and services.