Employment Contract Essentials and Special Labor Relations

Special Labor Relations and Common Peculiarities

Depending on the activity or how it is performed, some labor relations are more special than others. Common examples include:

• Security Guard Jobs: These are considered special because they carry weapons. This role is regulated by the Private Security Act of 1992 and the sectoral collective agreement.
• Working at Sea: This includes ships and merchant vessels. It is unique because the work is performed on a boat, and the recruitment of staff varies (some may stay at home). It is also governed by specific social security rules.
• Jobs on Oil Platforms: These are distinct due to specific working time regulations.
• Aviation Jobs: These are special because the workplace constantly changes and due to specific working time requirements.

Exceptions for Minors in Public Performances

An exception in the work contract exists for minors under the age of 16 who work in public performances as artists. This will always require approval by the labor administration. Permission is only granted if the work is not detrimental to their educational training or personal development and is not against morality or custom. The administration will also listen to the child before granting permission.

Essential Elements of the Employment Contract

Consent, Purpose, and Cause

The employment contract is perfected through expressed or implied consent. Regarding the scope of work: if the reality of the facts shows specific requirements and notes, it will be considered a contract of employment. If a contract is labeled as a civil contract but functions as employment, it is considered a contract simulation. This may lead to performance reviews by the Labor Inspectorate.

• Purpose of the contract: The purpose must be lawful and may not go against morality or decency.
• Cause of the contract: This involves the parties' motivations; companies need manpower, and workers need to earn income.

Form and Documentation Requirements

Article 8.1 of the Workers' Statute (ET) establishes the principle of freedom of form, meaning contracts can be written or verbal. However, documentation is very important.

Mandatory Written Contracts

According to Article 8.2 of the ET, contracts must be in writing when required by a legal provision. This includes:

• Practice and training contracts.
• Part-time, fixed-term, and hand-over contracts.
• Home work contracts.
• Contracts for the execution of a specific work or service.
• Insertion contracts.
• Contracts for workers hired in Spain to work for Spanish companies abroad.
• Written contracts for a specified period lasting more than four weeks.

If these requirements are not followed, the contract is deemed concluded for an indefinite period and full-time, unless evidence shows its temporary nature or part-time character. There are only two main exceptions where a written contract is not strictly mandatory: regular indefinite contracts and eventual contracts lasting less than four weeks. However, both the worker and employer may require the contract to be in writing at any time during employment.