Employment Contracts: Rights, Types, and Equality
The relationship between a worker and an employer is formalized through an employment contract. This contract distinguishes between the employee, always a natural person, and the employer, which may be an individual or a juridical entity. For the contract to be valid, both parties must be able to assume rights and obligations according to the law. The employment relationship is characterized by alienation, dependency, and retribution. If any of these aspects are missing, the relationship cannot be considered a labor relationship.
The employment contract details the rights and obligations of each party, as well as the characteristics of the service the worker will provide and the corresponding payment.
Worker Rights
Worker rights have a dual origin: some are due to their status as citizens and are listed in the constitution, while others derive from their status as workers and appear in the contract, the worker’s statute, and other legal documents related to the company’s economic activity, such as collective agreements.
Types of Employment Contracts
Current labor law provides for several forms of contracts:
- Indefinite
- Regular training (practice and training)
- Time-bound (eventually, for work or service, internal)
- Part-time or full-time
These different types of contracts aim to address both the needs of the company and those of certain groups with more difficulties entering the labor market. The misuse of temporary contracts is a circumvention of the law, which usually harms the worker and prevents stable employment.
Groups Facing Employment Challenges
Groups with more difficulties entering the job market or obtaining stable employment include:
- Unemployed women
- Long-term unemployed individuals
- Young people
- People with disabilities
- Women returning from maternity leave
Indefinite contracts (and, exceptionally, temporary contracts) for employees within these groups often have bonuses in the form of discounts on social insurance payments.
Equality in the Workplace
Despite measures to eradicate discrimination in employment, the unemployment rate remains higher among women, whose average wages are also lower than men’s. The Organic Law 3/2007, of March 22, for the effective equality of women and men, is a recent initiative to address this issue.
Technological and Social Changes
The development of new technologies has profoundly changed the labor market, offering companies new possibilities. Teleworking is now possible thanks to the modernization of telecommunications networks.
The massive incorporation of women into the workforce has also had a profound impact. The traditional family model, where men worked and women cared for children, has evolved into family units where both partners work. This has created a need to adjust labor relations to reconcile professional and family life.