Understanding Employment Contracts: Trial, Fixed-Term, and More
The Trial Period
A trial period verifies an employee’s suitability for the position they were hired for. It also allows the employee to understand the working conditions and decide whether to continue the employment relationship. Both parties can agree on a trial period during which either can terminate the contract at any time.
During the trial period, the worker enjoys the same rights and obligations as in the remaining term of the contract.
Practical Work Contracts
These contracts are designed for individuals with university degrees or vocational training to enter the labor market. The purpose is to allow the worker to apply and develop knowledge and gain professional experience consistent with their studies.
Requirements
- The worker must possess a university degree or equivalent official qualification.
- The contract must be formalized within 4 years of completing studies.
- The duration of studies cannot be less than 6 months.
Additional Information
- The trial period should not exceed 1 month for medium or technical grades, or 2 months for higher grades, unless the collective agreement sets another limit.
- Remuneration for this type of contract is marked by the collective agreement.
- Upon termination of the contract, the employer must issue the worker a certificate.
Fixed-Term Contracts
Contract for Work or Service
This type of contract is for the realization of a specific, uncertain work or service. The duration depends on the time required for completion and entitles the worker to compensation equivalent to 8 days’ salary per year worked.
If the contract exceeds 1 year, there is a duty to notify its termination with a minimum of 15 days’ advance notice.
The contract must be in writing and clearly state the specific work or service, the nature of the recruitment, and the work details. The workday may be full or part-time.
Interim Contract
This contract replaces an employee who has the right to return to their position or temporarily occupies a vacant position during the selection process. The contract term will be the legal reserve period or until the replaced worker is reinstated.
The workday should be complete unless the replaced worker was hired part-time.
The contract should contain the following information:
- Name of the person to be replaced.
- The cause of their temporary replacement.
- The position they will be dealing with.
Indefinite contracts are not limited by the duration of service. Either party may require formalization of the contract in writing. The employer is obliged to inform the public employment service of the content and number of permanent contracts within 10 days.
Contract to Build Permanent Hiring
This mode emerged to reduce seasonality in the labor market. It addresses the need for increased hiring and aims to reduce unfair dismissal compensation compared to other indefinite contracts.
Characteristics were defined to meet the needs of workers, especially those unemployed and belonging to the following groups:
- Young people between 16 and 30.
- Unemployed women.
- Unemployed individuals over 45 who have been registered as job seekers for at least 6 months.
- Individuals with disabilities.
- Workers who are already working in the same company with a fixed-term or temporary contract, with a start date earlier than December 31, 2007.
Part-Time Contracts
These contracts involve providing services for fewer hours per day, week, or year than a full-time worker. The contract must be formalized in writing and contain the number of ordinary working hours per day, week, month, or year, and their distribution.
Part-time workers shall not work overtime (unless expressly agreed in the contract). These contracts can also be given by:
- Partial retirement
- Fixed Work
- Discontinuous Relay
Contract Release
This contract is formed between the company and a worker who has already reached an agreement with the company for a duration of unemployment. It aims to complement the workday that has been reduced due to partial retirement. This contract may also be arranged to replace workers who retired partly after reaching the retirement age.