Understanding Employment Contracts: Types, Requirements, and Bonuses
Interim Contract for Replacement: Characteristics
An interim contract for replacement must be in writing and should include:
- Company and worker data: Information about the company, the replaced worker, and the replacement worker.
- Reason for replacement: Clearly state the reason for the replacement, as it covers the replacement period and the nature of the recruitment.
- Employee’s right to retain the post: The aim is to replace an employee who is entitled to retain their position.
- Duration: The contract lasts for the duration of the replaced worker’s right to retain their job.
- Termination notice: Unless otherwise agreed, no notice of termination is required.
- Social Security Bonus: Companies using this type of contract may receive a 100% bonus on Social Security contributions.
Types of Training Contracts Available
- Contract for Trainees
- Training Contract
Requirements for Training Contracts
Contract for Trainees:
- Official qualification obtained within the last four years (or six years if the individual has a disability).
Training Contract:
- Ages 16 to 21, even without a qualification.
- Up to 24 years old for unemployed workers joining pupil-school programs and holiday crafts workshops.
- No age limit for additions to employment workshops or individuals with disabilities.
- The individual must not have previously held the position for which they are being hired for a significant period (e.g., more than twelve months).
Permanent Contract Bonuses: Special Groups
Special groups eligible for permanent contract bonuses include:
- Unemployed women
- Victims of gender violence
- Women recruited within 24 months after childbirth
- Women hired after 5 years of inactivity (if they have worked at least 3 years previously)
- Women over 45
- Young people between 16 and 30 who have been unemployed for at least six months
- People experiencing social exclusion
- Conversion to permanent contracts for disabled individuals
Ordinary vs. Subsidized Contracts: Key Differences
The main difference lies in the bonuses and severance pay:
- Ordinary Contract: No bonus received. Severance pay is 45 days per year worked.
- Subsidized Permanent Contract: Bonus received for hiring individuals from the special groups mentioned above. Severance pay is lower, at 33 days per year worked.
Contract for Rodolfo (20 years old, Nutrition Business)
Rodolfo, being 20 years old and without specific entitlements, would likely be offered a training contract. Key characteristics include:
- Age: Must be between 16 and 21 years old.
- Training: At least 15% of the workday must be dedicated to theoretical training.
Replacing Employees in a Construction Company
To replace two employees, one on leave for 4 years for political engagement and the other on maternity leave, the company should use an interim contract for both.
Requirements for Interim Contracts
The interim contract must be formalized in writing and include:
- Identification of the replaced worker and the reason for the substitution.
- Specification of the type of contract.
- Duration of the contract or identification of the circumstances determining its duration.
- Description of the work to be performed.
Contracts and extensions must be registered by the employer within ten days of their conclusion at the relevant employment office, where a copy will be deposited.
Notification Requirements
Notification is required when replacing native workers or during leave, adoption, fostering, or pregnancy.