Employment Contracts and Employer Obligations

Posted on Dec 2, 2024 in Law & Jurisprudence

Employment Relationships and Legal Sources

Relationship Types

Voluntary Relationships: Employees (salaried, personal, dependent)
Special Relationships: Senior management, domestic servants, prisoners, deportees, professionals and artists in public performances, disabled individuals in employment centers.
Excluded Relationships: Company officers, board of directors, work based on friendship or family ties up to second-degree consanguinity, benefit obligations.

Legal Sources

  • Company policies
  • Customs and general principles of law
  • State regulations (parliament, administration)
  • Autonomous customs of worker and employer representatives (collective agreements)
  • Court interpretations

Principles of Labor Law Application

Hierarchy Principle

Higher-ranking norms prevail over lower ones. Norms cannot contradict those of equal or higher rank.

Legal Pyramid

  1. EU Law
  2. Constitution
  3. International Treaties
  4. Organic Law
  5. Ordinary Law
  6. Decree Law and Legislative Decrees
  7. Regulations
  8. Collective Agreements
  9. Employment Contracts
  10. Local and trade customs

In Dubio Pro Operario (Doubt in Favor of the Worker)

If a rule is unclear, the interpretation most favorable to the worker applies.

Most Favorable Rule Principle

If multiple rules apply, the most beneficial to the worker prevails.

Most Advantageous Conditions Principle

If a contract offers better terms than a standard, the contract prevails.

Minimum Standards Principle

Standards can be improved, but not worsened.

Inalienable Rights Principle

Employees cannot waive rights granted by standards.

Employer Obligations and Powers

Obligations

  • Uphold the law and respect worker rights.
  • Avoid all forms of job discrimination.
  • Companies with over 250 employees must implement equality plans.

Powers

  • Organize the company.
  • Issue orders and instructions within the scope of service provision.
  • Control the execution of orders and instructions.
  • Authorize unpaid joint suspension.

Employment Contracts and Contractual Capacity

Definition

An agreement where the employee provides work under the employer’s organization and direction in exchange for voluntary remuneration.

Capacity to Work

  • 18 years of age or older
  • 16-17 years old with parental authorization

Contract Types

Internship Contracts

  • Trial period: 1-2 months (longer for higher grades)
  • Purpose: Skill acquisition
  • Form: Written, official model
  • Requirements: 4-6 years post-study completion (depending on disability status)
  • Duration: 6 months to 2 years
  • Salary: 60% (year 1), 75% (year 2); maximum limit often applies
  • Schedule: Full-time or part-time

Training Contracts

  • Age limit: 16-21 (exceptions for disabled individuals, long-term unemployed, vocational school students)
  • Purpose: Practical training in any profession or office without a degree
  • Form: Written
  • Duration: 6 months to 2 years (extendable by agreement)
  • Remuneration: Not below minimum wage
  • Schedule: Full-time, with at least 15% dedicated to theoretical training

Work and Service Contracts

  • Form: Written
  • Purpose: Autonomous work within the company’s normal activity
  • Duration: Until work/service completion
  • Schedule: Full-time or part-time
  • Indemnity: 8 days per year worked

Contracts for Specific Production Circumstances

  • Form: Oral or written (written for durations exceeding 4 weeks full-time)
  • Purpose: Address market demands, work accumulation, excess orders
  • Duration: 6 months within a 12-month period
  • Schedule: Full-time or part-time
  • Indemnity: 8 days per year worked

Replacement or On-Call Contracts

  • Purpose: Replace workers with job reservation rights, selection processes
  • Duration: For the duration of the worker’s absence or selection process
  • Requirements: Specify the replaced worker and the reason for replacement
  • Termination: Upon the replaced worker’s return
  • Form: Written, official design

Part-Time Contracts

  • Form: Written, specifying working hours
  • Schedule: Less than the regular working hours defined in the collective agreement
  • Contract Types: Any permitted contract type
  • Additional Hours: Can be agreed upon in writing

Permanent Building Contracts

  • Form: Always written, specifying the schedule
  • Scope: Limited to individuals under 30, long-term unemployed (over 45), unemployed individuals (under 45), disabled individuals, conversions from temporary contracts
  • Business Bonus: Social security contribution reductions for each worker hired
  • Purpose: Promote hiring and facilitate labor market access
  • Severance Pay: Reduced to 33 days of salary per year (maximum 24 months)