Employment Contracts and Disciplinary Dismissal Rules

Trial Period Regulations

The determination of the skills of workers and their adaptation to the company is facilitated by the possibility of agreeing to a trial period.

• Its provision is optional.
• It must be set in writing; if not, it will not be valid.
• The duration is established by the collective agreement.
• During the probationary period, the employee has the same rights and obligations as other workers.
• The employer may terminate the contract without giving any evidence or justification.
• The trial period will count toward seniority.
• Temporary disability affects the job; for the probationary period, it will interrupt the computation if there is an agreement between the parties.
• No probationary period shall be established when the worker has already performed the same functions previously in the company.

Permanent and Indefinite Contracts

Common Employment Contract

The contract of indefinite duration is that which is arranged without setting time limits in the provision of services in terms of duration. Either party may require that the contract is formalized in writing.

Fixed-Discontinuous Contract

A fixed-discontinuous work contract shall be concluded for work with a fixed nature that is discontinuous and not repeated on certain dates.

Disciplinary Dismissal Procedures

Disciplinary dismissal is the termination of the contract by the unilateral will of the employer based on a serious and culpable contractual breach by the worker.

Causes for Dismissal

• a) Repeated and unexcused absences or lack of punctuality.
• b) Indiscipline or disobedience at work, considered a breach of contract.
• c) Verbal or physical offenses to the employer or persons working in the company.
• d) Transgression of contractual good faith and breach of trust in job performance.
• e) Continuing and voluntary decline in normal or agreed work performance. For the admission of this case, it requires:
  • Effective yield reduction.
  • Continuity of conduct.
  • Voluntariness.
• f) Habitual drunkenness or drug addiction if they adversely affect work.

Employment Promotion Programme

These are contracts that enjoy corporate discounts on the price for common contingencies to Social Security.

Bonuses for Specific Contracts

Bonuses will be applied to contracts made with:

A) Unemployed workers registered with the Public Employment Service:

• 1) Youth from 16 to 30 years old.
• 2) Hiring unemployed women to serve in occupations with lower rates of female employment, etc.
• 3) Workers over 45 years old.
• 4) Unemployed individuals who have been registered as job seekers for several months.
• 5) Persons with disabilities.
• 6) Unemployed individuals who, during the years before the contract, had been under temporary contracts.
• 7) Unemployed individuals who, within two years of the conclusion of the contract, had a previous contract extinguished.

B) Workers who were in the same company under a fixed or temporary contract.