Essential Elements of Employment Contracts

Essential Elements of an Employment Contract

An employment contract is defined by several key components:

• Consent: The manifestation of the will of the parties to conclude an agreement or contract.
• Object: The work performed under certain conditions in return for a wage.
• Cause: The reason why the contract is arranged.

Parties Involved in the Contract

The Worker

• Age: Individuals from 18 years can freely contract. Those aged 16 and 17 may sign with the consent of their parents. Individuals under 16 cannot work, except in specific cases such as public shows.
• Title: Requires the possession of the proper certification for the exercise of certain professions.
• Legal Incapacity: Occurs when a judicial decision dictates the inability to hire or work.
• Nationality: Applies to non-EU foreigners and members of the foreign community.

The Employer

• Age: You can freely contract from 18 years, or from 16 years if emancipated.
• Legal Incapacity: Individuals with disabilities will be assisted by their legal representative, as determined by the court sentence.

Formalities and Content

Contract Form

• Written: Contracts must be in writing when required by a legal provision.
• Verbal: In practice, verbal agreements can only be subscribed for two types of contracts: temporary and permanent.

Contract Content

• Identity of the parties to the contract
• Starting date of employment
• Address of the company
• Professional group or characterization of the job performed by the worker
• Amount of the initial basic salary
• Duration and distribution of the workday
• Duration of the holidays
• Applicable collective bargaining agreement

Contract Validity and Trial Periods

Nullity of Contract

• Partial Nullity: If one part of the contract is void, the remaining parts stay valid.
• Total Nullity: The consequences of nullity are generated from the time of the declaration.

The Trial Period

• Form: The trial period must be written into the contract.
• Maximum Duration: The maximum duration will be set in the collective agreement.

Fixed-Term and Training Contracts

Apprenticeship Training

This is aimed at the acquisition of theoretical and practical training necessary for the proper performance of a craft.

• Employee Requirements: Must be under 21, lack the specific educational background, have not performed this work previously, and have not exhausted the maximum duration of apprenticeship contracts.
• Maximum Number of Workers: Depends on the provisions of the agreement.
• Length: From 6 years.
• Workday: Established as full-time.
• Compensation: Will be fixed in the collective agreement.

Professional Practice Training

This seeks to obtain appropriate professional practice at the level of schooling completed.

• Worker Requirements: Must provide the proper titling.
• Length: Not less than 6 months nor exceeding 2 years.
• Workday: Either full-time or part-time.
• Compensation: Fixed in the agreement.

Specific Project or Service Contracts

• Concept: Aimed at specific construction or services.
• Form: Written, identifying the specific work.
• Duration: The time required for the completion of the work.
• Termination Notice: Required when the contract has a duration of more than one year.