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CONCEPT AND CHARACTERISTICS OF EMPLOYMENT CONTRACT

What is an employment contract?


The contract of work means that pact or agreement between the employee and emplo
yer whereby the employee voluntarily agrees to the implementation or provision o
f certain services on behalf of the employer and within their sphere of organiza
tion and direction, a fee. What is the shape of the employment contract? This co
venant or agreement of wills may be held either orally or in writing. Although t
here is the possibility of verbal contracts, most types of contracting require w
ritten, formal models exist which will necessarily formalized. There will be the
refore the specific type of contract that we will celebrate, and, where appropri
ate, to observe the prescribed manner. Should be written employment contracts:?
? ? ? ? ? ? where required by a legal provision. the practices and training. par
t-time contracts, fixed-continuous and relay. contracts for home work contracts
for the making of a work or service. integration contracts. those of workers emp
loyed in Spain for Spanish companies abroad. fixed term contracts lasting more t
han four weeks.
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Who can enter into a contract of employment? ? The Worker. The ability (age) req
uired for the conclusion of an employment contract with regard to the individual
workers is fixed at 16 years. Only allow child participation in public performa
nces, in certain cases and as long as prior authorization of the work. However,
in regard to the provision of consent, if the worker is between 16 and 18 years
and is not emancipated, require the consent of their parents or guardians. The e
mployer. Is the person on whose behalf and under whose direction the worker will
provide services. It may be a natural person, sole proprietor, or may be a lega
l person such as companies (limited liability limited civilians). In case of a c
orporation or other legal entity, it will always be represented by an individual
who is to be held to the contract.
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What is the applicable law? The employment relationship is born after the conclu
sion of the contract of employment is subject to a complex system of rules and p
rinciples. This complexity is due largely to the existence, as a source of rules
of first order, a special rule: the collective agreements. Conventions are rule
s that are born of collective bargaining between employers and employees concern
ing working conditions and productivity in a given area. According to its essent
ial value we can establish the following grading scheme:? ? ? ? ? ? ? ? ? Consti
tution Rules of the European Union Treaties and International Agreements Nationa
l laws decrees and ministerial agreements Uses collective work contract professi
onals and local customs and general legal principles
The basic rule is the Statute of Workers, approved by Royal Legislative Decree 1
/ 1995 of 24 March. What are special labor relations? The special employment re
lationships are those that have a specialty, given by the activity defroster, th
e place where he is or any other circumstance, it was considered necessary to pr
ovide them with local regulations. These special labor relations are? ? ? ? ? ?
The senior management staff. That of domestic servants. The of prisoners in corr
ectional institutions. The professional athletes. The artists in public performa
nces. The people involved in commercial transactions, but for which do not take
the risk. ? The disabled workers who provide services in special employment cent
ers. ? That of the dockers.
Rights and Duties
Basic rights of workers within this group can be distinguished: The right to wor
k and free choice of profession or trade. The right to free association. It refe
rs to the possibility of forming trade unions, free membership, and the right to
form trade unions themselves and international trade union confederations and t
he right to join them. It is a right which may be limited to certain groups (Mil
itary Bodies and Institutions). Collective bargaining rights for representatives
of workers and entrepreneurs, whose main manifestation is the conclusion of col
lective agreements, rules of the first magnitude in the employment relationship.
€Upon the adoption of collective action in defense of the interests (groups) of
workers and employers. The right to strike of workers in defense of their inter
ests. Right of assembly. The right to participate in the company.
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Rights and duties arising from employment contract A) Rights to the actual occup
ation law imposes the correlative obligation on the employer to seek enforcement
of work anyway. A promotion and training at work, that is, the right to enter a
more qualified, better paid, or better prospects in terms of experience and pro
fessional merit, and the right to obtain permits to attend courses training and
development. Not to be discriminated against directly or indirectly for employme
nt, or once employed, for reasons of sex, marital status, age within the limits
set by this law, racial or ethnic origin, social status, religion or beliefs, po
litical ideas, guidance sexual affiliation or not a union, and because of langua
ge within the State español.Tampoco may be discriminated against on grounds of
disability, provided they are able to suitability for the job or job in question
. A physical integrity and proper health and safety policy. With this we mean th
e policies of prevention of occupational hazards, ie the set of powers or action
s taken or planned at all stages of business activity in order to avoid or reduc
e risks arising from working. To respect for his privacy and due consideration f
or their dignity, including protection against verbal abuse and physical and sex
ual nature against harassment on grounds of racial or ethnic origin, religion or
belief, disability, age or sexual orientation. A timely perception of the remun
eration agreed upon or legally established. It is the right to wages, to be paid
on the date and place agreed upon. Worker's right to exercise individual action
s arising from his employment contract, ie the right to go to court to defend th
eir rights and interests.
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B) The duties of workers as workers with basic duties comply with the specific o
bligations of his job, according to the rules of good faith and diligence. Obser
ve health and safety measures to be adopted, subject related to health and safet
y at work, and the prevention of occupational risks as regards the obligations o
f workers. To comply with the orders and instructions of the employer in the reg
ular exercise of their roles. It is the duty of obedience of the worker is subje
ct to the disciplinary power of the employer in the case of breaches of that and
provided that the orders or instructions are not improper or illegal. Not satis
fied with the activity of the company. While treaty law specifically is merely e
xpresses the general duty of good faith, the purpose is avoidance of damage to t
he person's employer. Contribute to improving productivity. As the above implies
, in this case, a realization of the general duty to perform the work performed
with due diligence.
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Duration of Employment Contract
The employment contract may be born with a claim to last longer, without establi
shing a term or final term, in which case we find the indefinite or fixed contra
ct, or on the contrary, you can place the parties having agreed a term of where
which the agreement is terminated. We will be in this second case to fixed-term
contracts, whose ability is limited to holding the cases and the existence of th
e conditions set by the law What is Probation? For probationary period means tha
t space of time that checks the worker's fitness to perform a particular job, an
d therefore whether or not the conclusion of an employment contract. It is there
fore possible to stipulate a probationary period during which the worker or empl
oyer may terminate the contract without cause and without claiming to be born to
the worker entitled to compensation. Its implementation is optional and agree,
in writing must be reflected in the contract. Can not be established probationar
y period when the worker has already performed the same functions previously in
the company under any type of contract. The maximum duration shall be establishe
d in collective agreements,€the absence of this provision may not exceed six mo
nths for qualified technicians or two months (up to three months in companies wi
th fewer than 25 workers) for the remaining workers. During the course of this p
eriod, the worker shall have the same rights and obligations relating to the job
held as if it were a template. In the case of exceeding the test time is counte
d for the purposes of the worker's seniority. Duration of working hours and work
ing hours is how long the worker has to devote to the completion of the activity
for which he was recruited.
For fixing in the employment contract will be to sit in the first place about th
e provision that makes the collective agreement, and only in its place will be a
t the legal maximum hours, subject to the special days that apply to specific se
ctors or activities. The maximum duration of the normal working week is forty ho
urs of actual work annualized average. This means that in no case exceed the ann
ual maximum working time of 1876 hours. This is the ceiling. However, employers
and employees may, either by collective agreement or in the contract of work, re
spect this limitation in full or establish one-day lower. It is also the irregul
ar distribution of working hours in any case be subject to the above limit and r
espect the minimum periods of rest. The workday can not exceed nine hours a day
(8 for children under 18 years), established as compulsory rest days between a m
inimum of 12 hours. In turn, the compulsory weekly rest must be a minimum of one
and a half (two days for children under 18 years). Entitled to a reduction in w
orking hours, with a proportionate reduction of wages - who for reasons of legal
guardian live in their care a child under six years or a disabled physical, men
tal or sensory impairment, does not perform any gainful activity - The employee
victim of gender violence to enforce their protection or their right to comprehe
nsive social assistance. It may choose, also, by the rearrangement of working ti
me, through the adaptation of the schedule, the implementation of flexible sched
uling or other forms of organization of working time used in the company. What i
s overtime? The law allows the carrying out of work above the maximum of the day
. In this regard, overtime, those hours of work carried out above the ordinary w
orking day, whether it be agreed in the Convention or the legal maximum. But sin
ce they involve an excess of regular working hours, overtime are subject to the
following limitations:? Its implementation is voluntary for the worker, unless t
hey have agreed in which case the employer may require them. ? Conduct is prohib
ited during the night, except for those special events and authorized, and in no
case be made for children under 18, or the part-time contract. ? The remunerati
on of these hours are fixed by collective agreement or employment contract, havi
ng a choice between the amount credited to never set below the value of regular
hours, or compensation paid time off in lieu. ? The annual number of overtime is
fixed at 80, an amount shall be reduced proportionately less than in the case o
f the general conference of the company. Not be counted for the purpose of this
limitation, overtime who have been offset by breaks within four months of its co
mpletion. ? In calculating overtime, hours of work check every day, including th
ose, the employer must give the employee a copy of the summary on the receipt.
Excess hours worked to repair damage claims or other extraordinary and urgent (t
hink of fires, floods, etc.) Are not taken into account for purposes of the lega
l maximum hours or to compute the maximum number of overtime worked, subject the
y have to pay as such. These hours are known as force majeure overtime. Public h
olidays are set working parties, which must be paid and not recoverable in a max
imum number which may not exceed 14 per year, of which two are local, and other
nationals and those established by the Autonomous Community. Among the national
parties,€there is a mandatory, leaving the remainder available to the Autonomou
s Community concerned to exchange them for other holidays themselves. Workers ha
ve the right permits, notice and justification to the employer, a number of perm
its that must be paid as if it were actually worked. Are established in cases of
marriage, childbirth or illness of close relatives, the transfer of habitual re
sidence, for the inexcusable performance of duties of public and personal nature
(such as voting rights), or by carrying out trade union duties . These motifs a
re specifically imposed by law shall also state the number of days of leave for
each occasion, but nonetheless, collective agreements tend to expand both the nu
mber of days and even reasons, so that they will have to sit in the first place
. Holidays In any case, the worker is entitled to a vacation period of not less
than 30 calendar days a year, extendable through collective agreement or individ
ual employment contract, also prohibiting compensation for that period. The dist
ribution of the vacation shall be determined by agreement between employer and e
mployee, in accordance with the provisions in this regard established the collec
tive agreement, the worker must know the start date of your enjoyment with at le
ast two months in advance.
MAIN CONTRACTUAL ARRANGEMENTS
Indefinite Contracts
Within the permanent labor contracts, we can differentiate, the ordinary contrac
t from those that apply to certain groups or to be established as a measure to p
romote employment, are encouraged by the government through the establishment of
certain benefits. ? Regular employment contract of indefinite duration is one t
hat is arranged without setting any limit as regards its duration. Can be writte
n or verbal requiring the timely registration or communication, respectively, in
the Employment Office within ten days of its conclusion. ? Concerted permanent
contracts also encouraged as a more continuity, the following types of contracts
are primarily aimed at certain groups of workers experiencing difficulties in i
ntegrating into the labor market, or established as a means of building permanen
t contracts, with common requirement all these contracts, the requirement to for
malize in writing on the official and reported to the Public Employment Office,
within 10 days after its conclusion, the content of employment contracts they co
nclude. They are:? Indefinite employment contract for young workers under 30 yea
rs? Indefinite employment contract for long-term unemployed workers? Indefinite
employment contract long-term unemployed women in professions or trades in which
they are underrepresented? Indefinite contract of employment of workers over 45
years? Indefinite employment contract for the employment of disabled workers? I
ndefinite contract of employment for unemployed recipients of unemployment benef
it for workers included in the Special Agricultural Scheme, which in turn addres
sed the fact concur young people under 30 years, long-term unemployed, older tha
n 45 years or women in professions or occupations where they are underrepresente
d. ? Indefinite employment contract with workers in situations of social exclusi
on. It is also the possibility that certain temporary contracts, as they are, le
arning, experience, training and respite, to become permanent, thus enjoying the
benefits established by law. The benefits to employers in order to promote the
use of this contract, are:? On the one hand in the extinction event for objectiv
e reasons (see later) when it is declared unlawful, the amount of compensation s
hall be thirty-three days' wages per year of service, prorated by month periods
of less than one and up to a maximum of twenty-four monthly payments, away from
the general rule set 45 days per year worked. The incentives that contain the va
rious provisions are reductions in the employer's contribution to social securit
y for common contingencies, varying rates and time of your life according to rec
ruitment which has been chosen.
Fixed-term contracts or temporary
Fixed-term contracts are:? Contract for specific work or service which is aims a
t the realization of a work or service with its own autonomy within what is norm
al activity of the company, and with a duration but limited in time, is in princ
iple uncertain . The contract should specify clearly and precisely the work or s
ervice that constitutes their objeto.La duration of the contract shall be the ti
me required to perform the work or service. ? Circumstances Contract for product
ion to meet market demands circumstantial, or excessive accumulation of work ord
ers, even for normal activity of the company. The contract must contain precise
and clear the cause or circumstances so warrant, and also the nature of the enga
gement, the time of his life and work desarrollar.No written form is required if
the contract is for less time four weeks. The maximum duration is six months wi
thin a period of twelve months, but through the collective agreement may be exte
nded as the reference period (up to 18 months) and the maximum duration of the c
ontract in any case within three quarters of the legal reference period or a max
imum of twelve months. If the contract had been concluded for a period less than
the maximum established by law or agreement, may be extended by agreement of th
e parties, for once, without the total duration of the contract may exceed this
maximum. For collective agreement may determine the activities in which temporar
y workers can be hired and to set general criteria for the proper relationship b
etween the volume of this type of contract and the company's total workforce. ?
Interim contract is the conclusion in order to replace workers with the right to
retain the position of work (eg surplus workers with this right), or to tempora
rily cover a job during recruitment or promotion process for Final coverage. The
contract should specify the nature of recruitment, work force and to develop an
d must identify the name of the worker replaced and the cause of sustitución.La
duration of the contract shall be the duration of the absence of the eligible w
orker replaced backup job, or the duration of the promotion process or for final
coverage of the post. It should be noted in the interim contracts, those who ar
e held to replace workers on leave to attend the child care or for care of a rel
ative to the second degree of consanguinity or affinity, for reasons of age, acc
ident or illness can not help himself. And contracts concluded
right will, when concluded with beneficicarios of unemployment benefits for long
er than a year as recipients, a reduction in employers' contributions to social
security for common contingencies:? A 95 100 during the first year of leave the
employee to be replaced? 60 100 during the second year of the worker excecencia
to be replaced? 50 100 for the third year of the worker excecencia to be replace
d does not apply when hiring these benefits relate to the spouse, ascendants or
descendants and other relatives by consanguinity or affinity up to the second de
gree, or the employer, good of those who hold leadership positions or are member
s of the management bodies of the employers. ? Contract insertion. It is one by
which to hire a job applicant by a public administration whose purpose will be t
o make a work or service or social interest, within the scope of its powers as a
means of acquiring work experience and improve the employability of the unemplo
yed participating in the field of public programs to be determined by regulation
. Workers who are parties to these contracts can not repeat their participation
to three years after the end of the previous contract of this nature, provided t
hat the worker has been hired under this modality for a period longer than nine
months in the last three years. The remuneration of the employees who join these
programs will be agreed between the parties, but may be less than the establish
ed, if necessary, for these contracts for inclusion in the collective agreement.
The competent public employment services funded through the expenditure items t
hat apply,€labor costs of these contracts, with reference to the group's minimu
m base of contributions to occupational category corresponding played by the wor
ker. The incorporation of unemployed that kind of contract will be in accordance
with the priorities of the state to comply with the guidelines of the European
Employment Strategy. Aspects seen in temporary and fixed term.
* It allows collective bargaining to establish additional requirements
aimed at preventing abuses in the use of successive temporary contracts. Workers
on temporary contracts and fixed-term shall have the same rights as workers wit
h indefinite contracts, subject to the specific peculiarities of each of the con
tractual arrangements.
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* When it gives workers a right based on a previous worker's seniority, it shall
be computed according to
same standards for all workers, whatever their type of contract. * The employer
must inform workers of the company with fixed-term contracts or temporary, inclu
ding training contracts, the existence of vacancies, in order to ensure equal op
portunities to secure permanent positions as other workers. This information may
be provided by an announcement at a suitable place in the enterprise or workpla
ce or through other means provided in collective bargaining, to ensure the trans
mission of information. * Collective agreements must introduce measures to facil
itate the effective access of these workers to continuing vocational training in
order to enhance their skills and encourage their progression and professional
mobility. They may also introduce objective criteria and commitments for convers
ion of fixed-term contracts into permanent or temporary. Regulations of temporar
y contracts. ? They become permanent, unless shown otherwise stating its tempora
ry nature, by: - no writing - no higher in Social Security if he had spent a per
iod exceeding the period - if you come to the end or the cause that produced mot
ivated him, to continue doing the work done and had not taken timely complaint -
in any case concluded in fraud of law? Be formalized in writing on the official
form, must be registered (and also if the parties agree to extensions) in the E
mployment Office within ten days following its conclusion. ? Must be included in
these contracts, inter alia, specifying the type of contract involved, the dura
tion of the contract or the identification of the circumstance that determines i
ts duration, and work to develop. ? Agreed with one shorter than the legal maxim
um are likely to be carried forward to the ceiling. Consideration will also have
fixed-term contracts, which are carried out under the terms of contracts in pra
ctice and training. To check your legal status do a training contract.
Training contracts
Under this name two contracts are regulated temporal? Contract work in practice
The aim is that the worker develops the theoretical knowledge acquired in accord
ance with studies carried out previously, so that the work to play has to be com
mensurate with their qualifications. The qualification that enables the conclusi
on of this contract has to be higher grade, Medium, Medium High or Vocational Tr
aining or other equivalent official titles that allow the practice. The contract
is to be held within four years following the completion of studies leading to
the title. The contract can not be less than six months nor more than two years,
while the sectoral collective agreements can establish a different duration dep
ending on the features of the activ ity sector concerned. If the contract was si
gned for a period not exceeding the statutory maximum there is a possibility of
extension up to that maximum. It may also establish a trial period. The remunera
tion is fixed in the collective agreement for these workers, and in his absence
not less than the 60 or 75 per cent of the wage agreement for another worker of
the same or similar job, and in no case be less than the salary Minimum Inter. ?
The training contract under this contract is the acquisition of theoretical and
practical training necessary for the proper performance of a trade or skilled j
obs.The contract may be held with workers aged 16 and under age 21 who lack the
qualifications required to perform a work experience contract. The upper age lim
it shall not apply when the contract is a contract with workers included in any
of the following groups: unemployed disabled, foreign workers during the first t
wo years of validity of his work permit, except to demonstrate the necessary tra
ining and experience ael par job performance, unemployed for longer than three y
ears without work activity, unemployed socially excluded, unemployed workers inc
orporated as a student-school programs Workshops, offices and employment worksho
ps. Its duration shall be not less than six months nor more than three years. Bu
t through the collective agreement may be made different lengths provided with a
limit of three years and may be extended if less time was arranged for up to ma
ximum. May negotiate a trial period. Are imposed as obligations of the employer
to provide training under contract to the employee, and to grant the necessary p
ermits to attend the formal training. The training must be provided by the emplo
yer or duly authorized either by foreign institutions also autorizados.El time d
evoted to it will depend on the job to perform, but in no case be less than 15 p
ercent of the maximum working under Convention or, failing of the legal maximum.
Collective agreements determine the maximum number of training contracts that ca
n cater for workplace consistent with the size of the workforce, and in default
will have to be at the rates fixed by regulation. The worker's wage will be fixe
d in the collective agreement, without failing SMI may be lower than in proporti
on to the actual working time. Requirements common to these contracts: The contr
act will be agreed in writing in the official form, must register with the Emplo
yment Office within ten days of its conclusion. The employer, before concluding
the contract, may request the INEM written certification detailing the time that
the worker has been employed in practice or training. At the end of the contrac
t the employer must provide the employee certification stating the duration of t
he internship and the post or office held and the main tasks performed, or, wher
e appropriate (training contract), the learning time and the level of practical
training gained certification must also provide the center where it has complete
d the theoretical training. An employee engaged in training or practice becomes
fixed in the following cases: - when the contract was concluded in fraud of law
- when workers do not meet the requirements legally established for the meeting
- if they had not been discharged in Social Security - if it was not found writt
en form, if any interval is less than the legally fixed for the trial period. "I
t is the transformation of these contracts into permanent ones in accordance wit
h the provisions in force, leading, where appropriate, the benefits provided in
Social Security.
Contract Part-time work, fixed broken Contract and Contract Respite
? Contract work part-time employment contracts shall be deemed concluded at the
time if he has agreed to provide services for a number of hours per day, week, m
onth or a year less than the working day of a worker comparable full-time. The t
erm "comparable full-time worker" to a full-time worker of the same company and
work center with the same type of employment contract and to complete an identic
al or similar job. If the company there were no comparable full-time worker, the
day is considered full time under the applicable collective agreement or, faili
ng that, the legal maximum hours. Can be held indefinitely or for a fixed in cas
es where permitted by law and with the exclusion of the training contract. Neces
sarily be formalized in writing, in the model is established. The contract must
include the number of ordinary hours of work per day, week, month or year contra
ct and distribution. Failure to observe these stocks, the contract is deemed con
cluded at the time
complete absence of proof to the contrary which shows the partial nature of the
services.€The working day may be full or part, but in the case of opting for pa
rt time only allowed a break unless the collective agreement provides otherwise.
It is the conversion of part-time contract full-time and vice versa, on a volun
tary basis to facilitate this conversion and the employer is obliged to report t
he vacancies so that workers can opt for this possibility by the appropriate app
lication. Overtime is not possible overtime, except due to damage claims and oth
er extraordinary and urgent. Instead they have regulated the so-called additiona
l hours, taking this consideration those whose chance of completion has been agr
eed, as an addition to normal hours in the contract agreed part-time. The system
of these hours is as follows: "They demand an express agreement in writing and
in official form, either at the time of the contract or in another post. The rep
ort shall include the number of hours the realization of which may be required b
y the employer. "Only a pact could be concluded from these features in the part-
time contracts of indefinite duration. In the case of contract for fixed-continu
ous work, you can only agree to the performance of additional hours when workers
within the period of activity, make a part-time workers on full time. "The pact
must pick up additional hours the number of additional hours the realization of
which may be required by the empresario.El Additional hours may not exceed 15 1
00 ordinary working hours in the contract. The sector-wide collective agreements
or, alternatively, may provide another lower level maximum, which in no case ex
ceed 60 100 ordinary hours contracted. In any case, the sum of the ordinary hour
s and additional hours may not exceed the legal limit of part-time job. "The dis
tribution and form of implementation of agreed additional hours must comply with
the provisions in this regard in the relevant collective agreement and the cove
nant of additional hours. Except as otherwise established by agreement, the work
er must know the date and time of completion of additional hours to seven days'
notice. "The additional hours actually performed shall be paid as ordinary, to c
ompute the basis of Social Security contributions and waiting periods and regula
tory basis of benefits. To this end, the number and remuneration for additional
hours must be made to reflect in the individual pay slip and Documents Social Se
curity contributions. "The completion of additional hours to be respected in all
cases the limits on hours and rest periods.
"The covenant of additional hours may be terminated worker pro resign by giving
notice of fifteen days, uan after completing one year of celebration, if the fol
lowing circumstances:? The care of family responsibilities set out in Article 37
.5 of this law? For training needs, as determined by regulation, subject to prov
ing the incompatibility time. ? Incompatibility with other part-time contract. T
he covenant of additional hours and conditions of execution of such will be subj
ect to compliance with the requirements indicated and, where appropriate, the ar
rangements provided in collective agreements apply. Failure to comply with such
requirements and legal status as the employee's refusal to carry out the additio
nal hours, despite having been agreed upon, shall not constitute punishable work
behavior. ? Contract law allows relief to workers who meet the conditions for e
ntitlement to retirement pension, but not the age requirement, which may reduce
their working hours and salary for a minimum of 25 per 100 and a maximum of 85 p
er 100 of those. For this purpose these workers, who must have a lower age, a ma
ximum of five years that required, or if, these conditions also collect general,
has already completed that age, may enter into a part-time contract perfectly c
ompatible with retirement pension. The former possibility is however subject to
the same company enters into a simultaneous work with unemployed and registered
with the Employment Office.€This new agreement will aim to replace the worker w
ho reduces their time to benefit from partial retirement, and is called the reli
ef contract has the following characteristics: Its duration will be equal to the
remainder of the worker replaced to reach retirement age . If at that age, part
ially retired worker to continue in the company, the relief contract has been co
ncluded for a definite period may be extended by agreement of the parties on an
annual, dying, in any case, when the period for the year occurring in the worker
's total retirement relieved. In the case of partially retired employee after re
aching retirement age, the duration of the relay that may hold the company to re
place the part-time vacated by the same may be indefinite or yearly. In the latt
er case, the contract is automatically renewed on an annual, dying in the manner
described for the previous case. - The relief contract may be held full-time or
part time. In any case, the duration of the day must be at least equal to the r
eduction of time agreed by the worker replaced. The working hours of relief work
er may complete the replaced worker or simultaneously with the job él.El relief
worker may be the same as or similar worker replaced, meaning the performance o
f work under the same occupational group or category equivalent. In collective b
argaining may establish measures to boost relief contracts. -
? The contract of permanent workers discontinuous. The regulation of part-time c
ontract contains a provision under which these contracts were concluded for an i
ndefinite understand when you arrange for regular work and fixed within the norm
al volume of business activity. Article 15 of the Workers' Statute provides that
the contract for an indefinite period of fixed-discontinuous will consult for j
obs with the character of fixed-discontinuous and not repeated on certain dates,
within the normal volume of business activity . The cases of discontinuous work
to be repeated on certain dates shall be subject to the regulation of part-time
contract concluded for an indefinite period. Fixed-intermittent employees will
be called in the order and manner set forth in the respective collective agreeme
nts, allowing the worker in the event of default, dismissal claim in proceedings
before the competent court, beginning the deadline for doing so from the moment
who was aware of the lack of notice. This contract shall be in writing to forma
lize the model is established, and it shall include an indication of the estimat
ed duration of the activity, and on the form and order of call established by th
e applicable collective agreement, stating also an indicative way, the estimated
working time and time distribution. The sector-wide collective agreements may,
if the peculiarities of the sector activity so warrants, the use in fixed-discon
tinuous contracts of part-time mode, as well as the requirements and specialties
for the conversion of temporary contracts fixed-discontinuous contracts.
Temporary contracts incentive for disabled
There are three types:? Temporary work contract for disabled workers is intended
to facilitate the temporary employment of disabled workers. It is the only cont
ract of employment, to termination, is entitled to receive financial compensatio
n equivalent to twelve days of salary per year of servicio.Su duration of not le
ss than twelve months nor more than three years and shall be concluded in time c
omplete. ? Contract for training for disabled workers have concerns the acquisit
ion of theoretical and practical training necessary for the proper performance o
f the trade requiring a certain level of qualification, ranging aimed at those w
ho lack the qualifications necessary for the conclusion of a contract in practic
e. While the regular training contract requires that the worker has a certain ag
e to arrange it, in the case of disabled workers does not play this limitation.
Its duration can not be less than six months nor more than two years, being susc
eptible to undergo a trial period. The day will be full time, including time dev
oted to theoretical training.
As for the compulsory theoretical, this pattern follows the general lines of reg
ular training contract. ? Contract workers in practice for disabled people The a
im of this contract is to obtain appropriate professional practice at the level
of study. Always be concluded within six years following the completion of relev
ant studies. Power to enter into this agreement to the graduates, the Middle Gra
de, the upper and middle vocational education and diplomas officially recognized
as equivalent to enable them to professional practice. It can not be less than
six months nor more than two years, unless for sectoral collective agreement pro
vides otherwise duration, can be agreed prueba.La a period of time can be agreed
both full time and part-time. Common rules for these three modes are:? It must
be a disabled worker and be recognized as such (IMSERSO certificate)? The contra
ct must be formalized in writing, on the official form, must register at the off
ices of INEM within ten days of its conclusion. ? It is possible to extend the c
ontract if its duration is less than the statutory maximum, must mediate notice
(of termination) if more than one year. Appropriate to their transformation into
permanent contracts (for disabled) under the various provisions governing the m
atter, deriving a number of benefits especially in matters of social security.
Other Employment Contracts
? Replacement contract in anticipation of the retirement age has concerns the re
cruitment of unemployed workers to replace workers who anticipate their normal r
etirement age from 65 to 64 years. According to the above, the minimum contract
duration is one year. In the contract, which was necessarily in writing, contain
the name of the worker to be replaced, and be registered with the Employment Of
fice. If during the term of the contract is terminated the employee, the employe
r shall be obliged to replace it within a fortnight. If the entity must pay Soci
al Security the amount of the pension for the worker replaced, since the termina
tion of the worker (substitute). ? Home Work Contract The essential feature of t
hese contracts is that the work activity takes place in the worker's home or pla
ce freely chosen by him and without the supervision of the employer.
May be indefinite or fixed term. The contract will be made in writing and must b
e specified therein, the place of performance, registration is mandatory in the
Employment Office within ten days of its conclusion. It requires the employer to
make available to these workers a check list of work activities they perform, a
nd it must contain: the name of the worker, the kind and quantity of work, quant
ity of raw materials delivered, the rates agreed to wage fixing, the delivery an
d reception of objects made and how issues of employment interest to the parties
. In these cases the employee's salary at home must be at least equal to that of
an equivalent worker job category. ? Group work contract is made between a comp
any and a group of workers considered as such. Recruitment in such cases and as
a rule, is performed with the group's leader, who will represent and respond to
the obligations of such representation, highlighting the aspects of wage payment
and subsequent distribution. The company will not therefore address each of the
group members' rights and duties as such its responsibilities. The contract may
be indefinite or fixed term. Its conclusion can be made in writing, in which ca
se they must register with the Employment Office, or orally, imposing the commun
ication to that Office.