Essential Legal Aspects of Employment Contracts

The employment contract is the agreement by which the worker agrees to provide labor services on behalf of the employer and under his leadership, in exchange for a fee. It must be: voluntary, on a personal account, and paid for dependent persons.

The Worker: Requirements and Limitations

The worker is the individual who voluntarily provides services for remuneration on behalf of the employer.

• Age: Individuals aged 16 and 17 years need parental consent or must be emancipated. They cannot perform overtime, night work, or activities that are unhealthy, dangerous, or harmful to their health.
• Disability: For health reasons, a person can be declared unfit for work.
• Qualifications: To perform certain activities, academic or professional qualifications are required, which limit access to them.
• Nationality: All EU citizens have the right to free movement within its borders. Foreigners from outside the EU need a work permit.

The Entrepreneur and Legal Entities

The entrepreneur (Employer) is a person or entity receiving the services.

• Individuals: A person over 18 or 16 if emancipated.
• Legal persons: Entities recognized by law to assume their own rights and obligations.
• ETT (Temporary Employment Agencies): These are legal entities. Their business is to make employees available to other companies.

Essential Elements of the Contract

• Consent: Freely given mutual agreement between the parties.
• Subject: The worker's activity, which is remunerated by salary.
• Reason: The paid transfer of the fruit of labor in exchange for a fee.

The Trial Period: Rules and Duration

The trial period is the time, freely concluded between the worker and the employer, during which either may terminate the employment relationship without stating a cause.

• Writing: It is compulsory to write it in the employment contract.
• Maximum duration: Not exceeding 6 months.
• Effect: Either party may terminate the employment relationship.
• Nonrenewable: No new trial period can be agreed upon to perform the same functions in the same company.

Standard Content of an Employment Contract

The content of the employment contract includes:

• Contract type
• Identity of the parties
• Professional group or job description
• Working day
• Date of commencement of the employment relationship and expected duration
• Trial period (if any)
• Amount and periodicity of the annual salary
• Vacation
• The period of notice
• Collective Agreement

Validity and Nullity of the Agreement

Date and Validity of the parties signing the contract: These are the cause and object of the agreement. When there is an issue with them or the contract has not been fulfilled, it may be null.

• Severability: Whether to retain some validity, in which case the null part is replaced.
• Total nullity: If the contract cannot be remedied in any way.