Employment Contracts: Legal Requirements and Key Characteristics

Employment Contract Definition

An employment contract is an agreement between an employer and an employee, establishing the obligation to provide specific services under the employer's direction in return for remuneration.

Forms of Employment Contracts

• The employment contract can be written or verbal.
• If the written requirement is not observed, the contract is considered signed for an indefinite time and full-time. However, this presumption can be countered by proof certifying the temporary or part-time nature of the service.
• Either party may demand that the contract be formalized in writing, even during the course of the employment relationship.

Contracts That Must Be Written

Certain contracts are required to be formalized in writing, including:

1. Indefinite term contracts (full-time).
2. Fixed-term contracts.
3. Contracts based on eventual or production circumstances.

Contract Duration Options

The employment contract can be arranged for an indefinite period or for a specific duration (fixed term).

Essential Contract Characteristics

A written contract must clearly specify the following characteristics:

• The identity of the parties (employer and employee).
• The start date of the employment relationship and, in the case of a temporary relationship, the expected duration thereof.
• The headquarters of the company or the address of the employer, and the specific workplace where the worker regularly provides services.
• The professional category or job group of the worker, including a characterization or summary description that allows the specific content of the work to be known with sufficient precision.
• The initial amount of base salary and wage supplements, as well as the frequency of payment.
• The duration and distribution of working hours.
• The duration of the holiday period and, if necessary, the procedure for determining the allocation of holidays.
• The terms of notice that the employer and employee are obliged to respect in the event of contract termination.

Eligibility to Sign Employment Contracts

The following individuals are legally permitted to sign employment contracts:

• Minors under 18 who are legally emancipated.
• People over 16 and under 18, provided they meet one of the following conditions:
  1. They live independently with the express or tacit consent of their parents or guardians.
  2. They have parental permission or permission from the person who has custody.
• Foreign nationals, in accordance with the laws applicable to them.

Eligibility to Work

The following individuals are legally permitted to work:

• Minors under 18 who are legally emancipated.
• People over 16 and under 18, provided they meet one of the following conditions:
  1. They live independently with the express or tacit consent of their parents or guardians.
  2. They have parental permission or permission from the person who has custody.
• Foreign nationals, in accordance with the laws applicable to them.

The Probationary Period

The trial period is optional and must be explicitly stated in writing in the contract.

The maximum duration is established in collective agreements. Failing that, the duration may not exceed:

• Six months for qualified technicians.
• Two months for other workers.

Note: In companies with fewer than 25 employees, the probationary period may not exceed three months for workers who are not qualified technicians.

During the trial period, the worker receives pay and works normally, just like any other employee.