Employment Contracts: Key Aspects and Regulations
Key Aspects of Employment Contracts
V1 An employment contract is a verbal or written agreement where a person (the employee) voluntarily provides their services to another person (the employer), under their direction, in exchange for remuneration.
V2 One of the causes of emancipation, according to the Civil Code, is marriage.
F3 If there is no collective agreement for a trial period, you cannot set a trial period in the contract.
F4 All workers will have a break of 15 minutes for every 6 hours of work, as stipulated in the contract, unless otherwise agreed.
V5 The basic copy of the employment contract must be drawn up even if there are no legal representatives of the workers.
V6 The employer is required to have legal capacity to act.
F7 The agreement may not exceed two years.
F8 The work schedule is a document that companies can choose to develop or not, as agreed with the workers’ legal representatives.
F9 A 17-year-old person cannot be freely hired.
V10 Structural overtime cannot exceed 80 hours per year.
V11 Force majeure overtime is that which is done to repair an unforeseen event or damage to the company, and it is obligatory for the worker.
F12 An employee is entitled to 2 days for a change of residence, expandable to 4 if travel is required.
F13 Homework contracts cannot be formalized verbally.
V14 Holidays are generated per calendar year worked and should be enjoyed within the calendar year in which they are generated.
V15 The essential elements of a contract are consent, object, and cause.
V16 Every worker is entitled to a minimum of one and a half days of uninterrupted weekly rest.
V17 The workday is the number of hours agreed upon in the contract or agreement, during which the employee provides the employer with their work.
F18 By a non-compete covenant, the employee agrees to stay with the company after having received specialized training.
V19 A temporary interim contract is permitted, and it is one of the causes mentioned in the Workers’ Statute (Estatuto de los Trabajadores – LET).
V20 The worker has the right to know the date of their vacation two months in advance.
F21 All children under 18 years of age will not take part in night work, which always starts at 10 PM.
F22 If the employment contract is terminated during the probationary period, the employee is not entitled to receive compensation.
V23 Insertion contracts must be formalized in writing.
F24 The object of an employment contract is not simple.
V25 The basic copy of the contract will contain all data except for the worker’s identification.
V26 A permanent contract serves to cover permanent needs.
V27 In order to hire temporarily, there must be just cause.
F28 Unpaid leave is a right that all workers have to leave their job, keeping the right to return, but not to the recovery of wages.
F29 Work or service contracts must be formalized in writing.
V30 The LET establishes minimum trial periods.
V31 One of the features of the employment contract is that it must be agreed upon.
V32 No more than 10 hours of daily work may be performed, for overtime purposes.
V33 The trial period should always be specified in writing.
F34 The basic copy must be signed only by the company and the workers’ legal representative. This is incorrect; it must be signed by both parties.
F35 Under no circumstances can holidays be paid instead of taken.
V36 The employment contract must state the applicable collective agreement.
V37 October 12th, Día de la Hispanidad, must be respected as a holiday in all Autonomous Communities (CCAA).
F38 The LET establishes a maximum of 30 calendar days for holidays.
F39 Paid and non-recoverable festivals are a maximum of 14 per year.
V40 January 1st is always a holiday in La Rioja.