Workers’ Rights, Duties & Contracts: A Comprehensive Guide

Workers’ Rights and Obligations

Basic Rights

  • Worker status
  • Meeting and organizing freely
  • Striking
  • Free choice of profession or trade
  • Collective bargaining
  • Collective conflict measures
  • Information, consultation, and company participation

Rights and Duties of Workers

Rights:

  • Work and free choice of profession or trade
  • Free association
  • Collective bargaining
  • Collective conflict measures
  • Striking
  • Meeting
  • Information, consultation, and company participation
  • Effective occupation, promotion, and on-the-job training
  • Non-discrimination
  • Adequate physical and mental health and safety policies
  • Respect for privacy and due consideration
  • Accurate reception of agreed remuneration
  • Exercise of individual actions arising from the contract
  • All other rights specifically arising from the employment contract

Duties:

  • Meet workplace-specific requirements
  • Observe health and safety measures
  • Carry out employer’s orders and instructions
  • Refrain from competing with the company’s activity
  • Contribute to improved productivity
  • All other duties that may arise

Work Contract

A work contract is an agreement between employer and employee, where the employee provides services under the employer’s direction and organization in exchange for remuneration.

Validity of a Work Contract

Three essential elements:

  • Consent: Free will, without deception or fraud.
  • Object: The contract’s benefits; must be possible, lawful, determined, and not contrary to legal norms or morals.
  • Cause: The reason for the agreement; workforce in exchange for salary.

Lack of any of these elements invalidates the contract.

Characteristics and Formalization

  • Worker’s capacity: Adults, foreigners, minors over 16 (with parental authorization between 16 and 17).
  • Employer’s capacity: Legal capacity to employ.
  • Contract form: Written for durations exceeding 4 weeks, trials, and specific permissions.

Trial Period Characteristics

  • Always written
  • Maximum 6 months for qualified technicians, 2 months for other employees, 3 months for non-graduates
  • Equal rights and obligations as any other employee
  • Either party can terminate without justification
  • Counts towards seniority

Minimum Contract Requirements

  • Written and signed
  • Registered with the Employment Service within 10 days
  • Minimum content: Identification of parties, contract type, job category, workday, trial period, company address, workplace location, remuneration, holiday distribution, notice periods, applicable collective agreement, date and place of signature.

Employer’s Obligations

  • Inform the employment office of the contract, extensions, and terminations.
  • Provide a copy to worker representatives.
  • Register the contract with the Public Employment Service within 10 days.
  • Issue four copies: employment office, worker representatives, company original, employee copy.

Indefinite Contracts

No expiration date, offer bonuses, and reduce employer social security contributions.

Types of Permanent Contracts

  • Permanent contract: Standard contract with no bonuses and 45 days of compensation per year worked for unfair dismissal.
  • Indefinite promotion contract: For specific groups, with 33 days of compensation per year worked for unfair dismissal.
  • Fixed-discontinuous indefinite contract: For recurring work, always in writing, specifying duration and worker details.

Temporary Contracts

Training Contracts

Internship Contract

  • Object: Provide practical experience.
  • Requirements: Official qualification obtained within the last 4 years.
  • Duration: 6 months to 2 years, with a maximum 1-month trial period.
  • Schedule: Full-time or part-time.
  • Salary: As stipulated in the collective agreement.

Training Contract

  • Object: Provide theoretical and practical training.
  • Requirements: Ages 16-21 (or up to 24 for unemployed workers, no limit for unemployed workers inactive for over 12 months).
  • Duration: 6 months to 2 years.
  • Schedule: Full-time.
  • Salary: As stipulated in the collective agreement.

Fixed-Term Contracts

  • Temporary: To replace an employee with the right to reserve their job or fill a position during selection. Must be in writing, specifying the functions. Duration is until the replaced employee returns.
  • Circumstantial due to production: Respond to market demands. Oral if under 4 weeks, written otherwise. Duration up to 6 months within a 12-month period. Entitles to 8 days’ wages per year worked upon termination.
  • For specific work or services: To perform a specific task. Written. Duration as needed. 8 days’ wages per year worked upon termination.
  • Substitution: To replace workers nearing retirement (65). Written. Minimum 1 year. 8 days’ wages per year worked upon termination.
  • Partial retirement replacement: For unemployed workers replacing those partially retiring. Written. Minimum 1 year. 8 days’ wages per year worked upon termination.

Other Contract Types

  • Home-based contract: No employer monitoring, same salary as equivalent category, 8 days’ compensation. Written. Indefinite or fixed-term.
  • Group contract: Between the company and a group leader, who represents the workers.
  • On-demand contract: For temporary work or services, duration depends on the object.