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.