Essential Requirements and Void Clauses in Labor Contracts

Requirements for Written Labor Contracts

Article 46 - When a written labor contract is made, it must include the following information and provisions:

• a) Date and place of execution;
• b) Names, surnames, age, sex, marital status, profession or occupation, nationality, and domicile of the parties;
• c) The class of work or services to be provided and the place or places of delivery;
• d) Amount, form, and period of payment of the agreed remuneration;
• e) Duration and division of the working day;
• f) The employer's obligation to provide benefits in the form of room, food, and uniforms, if applicable, and the appreciation of their value;
• g) The stipulations agreed upon by the parties;
• h) Signatures of the contractors or a fingerprint when they do not know how or cannot sign, in which case they shall indicate this fact, with another person signing at their request. In the latter case, the agency is verified by the magistrate's jurisdiction, a notary public, or the respective union's general secretary, if any.

When is a Labor Contract Considered Void?

Article 41 - Any clause of the contract in which one party abuses the need or inexperience of the other contracting party to impose unjust or unfair conditions is considered void.

Null and Non-Binding Contractual Terms

Article 47 - The following terms are null and do not bind the contracting parties, even if expressed in the contract:

• a) Those that stipulate a working day longer than permitted by this Code;
• b) Those determined to be hazardous or unhealthy for women and children under eighteen;
• c) Those stipulating work for children under twelve years of age;
• d) Those that constitute a waiver by the employee of any rights or privileges conferred by law;
• e) Those that establish, by considerations of age, gender, or nationality, a lower salary than that paid to other workers in the same company for work of equal performance, the same type of job, or equal hours;
• f) Those that establish overtime for those under eighteen;
• g) Inhuman stipulations that require a working day so obviously excessive in the opinion of the competent authority;
• h) Those that establish a wage below the legal minimum;
• i) Terms or provisions requiring different places than those established by law for the payment of wages to workers;
• j) Those that include a direct or indirect obligation to buy goods or food from shops, businesses, or places owned by the employer; and
• k) Those enabling the retention of wages as a fine by the employer.