Understanding Employment Contracts: Key Elements & Types
Understanding Employment Contracts
An employment contract is an agreement between two parties where the worker agrees to provide services under the direction of the employer, receiving compensation in return.
Key Elements of an Employment Contract
The following elements are essential for a valid employment contract:
- Consent of the Parties: A mutual agreement is necessary to form a contract. Consent is void if obtained through violence or if either party lacks legal capacity. This agreement can be verbal or written.
- Object: The object is the work performed under specific conditions in exchange for a salary. The object must be possible, lawful, and clearly defined, as it represents the reason for the contract.
- Cause: The cause is the willingness to exchange work for wages.
Parties Involved in the Employment Contract
The parties involved are the worker and the employer.
- Worker: The person performing the work.
- Employer: The person receiving the services in exchange for a salary.
Limitations of the Worker
- Age: Must be 18 years or older, or 16-17 years old with parental permission or emancipation.
- Qualifications: Suitability for the job.
- Disability: May be restricted by judicial decree.
- Nationality: Non-EU foreigners must have work permits.
Limitations of the Employer
- Age: Must be 18 years or older, or 16 years old if emancipated.
- Disability: May require assistance from a legal representative.
Other Elements of the Contract
Contracts must be in writing when required by law. Verbal agreements are acceptable for contracts lasting less than 4 weeks and for regular permanent contracts.
Job Definition
Jobs involve human activities requiring physical or mental effort, creating a relationship between the worker and the employer. There are three types of work relationships:
- Employment relationship
- Special labor relationships
- Non-employment relationships
Industrial Relations
Industrial relations involve personal, voluntary, employed, paid, and supervised work by the employer. Key aspects include:
- Personal: The service must be performed by the worker, not someone else.
- Voluntary: Work must be done voluntarily.
- Employed: The fruit of labor belongs to the employer, not the worker.
- Paid: The worker must be compensated for their work.
- Dependent: The employee is subject to the organization and discipline of the employer.
The employment relationship is characterized by individuality, voluntariness, ejenidad (employer ownership of work product), compensation, and dependency.
General Sources of Law
The law is created by:
- Legislature: Courts and legislatures (CCAA).
- Executive Branch: Government, ministries, and government bodies from CCAA.
- Lower-level administrative bodies.
Manifestations of law include:
- Law: Written set of rules published in official gazettes.
- Custom: Usual modus operandi of the community.
- General Principles of Law: Rules applied when there is no specific law.
Types of Contracts According to Duration
- Training Contracts: Requirements include being under 21 years old and having no prior work experience in the workplace. Duration is between 6 months and 2 years.
- Causal Contracts:
- For Work or Service: Works or services with autonomy within the company, in writing, and the duration of your realization.
- Eventual by Circumstance of Production: Meeting market requirements, accumulation of work, etc. Can be verbal if not lasting more than 4 weeks, and not part-time, lasts 6 months to 1 year.
- Interim: Replacing a worker with a right subject to a job, in writing for the duration of the duty of confidentiality, no more than 3 months.
- Contracts to Promote Employment: Temporary employment of disabled workers.