Employment Contract Essentials and Labor Regulations

Item 2: Essential Elements of a Contract

• Agreement: Between worker and employer.
• Object: Lawful, possible, and determined; consists of work performed and salary.
• Cause: The reason for the contract's existence.

Temporary Contract Conversion to Indefinite

A contract becomes indefinite if:

• Social Security registration is not provided.
• It is not in writing or involves fraud.
• It violates labor laws.
• There is illegal assignment of workers.

Indefinite Contracts

Includes ordinary contracts, building industry agreements, and permanent discontinuous employment programs.

Temporary Contracts

1. Formative Contracts

• Learning: Ages 16 to 21 (max 24). Duration: 6 months to 2 years. No unemployment benefits.
• In Practice: Requires a degree, within 4 years of graduation. In writing, 6 months to 2 years, two extensions of 6 months.

2. Work-Specific Contracts

• Work or Service: In writing, full or part-time.
• Production Circumstances: In writing, over 4 weeks, max 6 months within a year (up to 18 months). Indemnity: 8 days salary per year of service.
• Temporary Replacement: To replace a worker or cover a vacancy; must be in writing.

3. Other Contracts

• Relay: Permanent or temporary; 8 days salary per year of service.
• Part-time: No overtime allowed, but complementary hours are permitted.
• ETT (Temporary Employment Agency): Permanent or temporary; entitled to 12 days salary per year of service.

Item 3: Working Hours and Leave

Duration and Schedule

• Daily Limit: Maximum 9 hours.
• Weekly Limit: 40 hours. Minors under 18 are limited to 8 hours daily.
• Overtime: Max 80 hours per year; banned for minors under 18.
• Night Work: Between 10 PM and 6 AM; must include at least 1/3 of the shift.
• Rest Periods: 1.5 days weekly (2 days for minors). 12 hours between shifts.
• Continuous Rest: 15 minutes for shifts over 6 hours.
• Holidays: 14 days per year, including two local holidays.

Paid Leave

• Marriage: 15 days.
• Prenatal Tests: Time required.
• Family Events: Birth, death, accident, or illness: 2 days (4 if travel is required).
• Moving Home: 1 day.
• Public Duties: As long as required.

Reduction of Working Hours

• Breastfeeding: 1 hour or 1/2 hour split.
• Premature Birth: 1 hour or 2 hours with reduced pay.
• Direct Care: Between 1/8 and 1/2 of the workday.

Unpaid Leave

• Childcare: Up to 3 years; job reservation for the first year.
• Family Care: Up to 2 years.

Suspension of Contract

• Maternity: 16 weeks.
• Adoption: For children under 6 years, 16 weeks.
• Paternity: 13 days plus 2 additional days.