Key Aspects of Employment Contracts and Labor Laws

Classified in Law & Jurisprudence

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V1. Contract Work Definition

Contract work is a verbal or written agreement by which a person, the employee, voluntarily provides services to another person, the employer, under their direction, in exchange for remuneration.

V2. Emancipation and Marriage

According to the civil code, one of the reasons for emancipation is marriage by a minor.

V3. Collective Agreement and Probationary Period

If there is no collective agreement for a probationary period, it cannot be established in the employment contract.

V4. Worker Breaks

All workers will have a break of 15 minutes for every 6 hours of work, except where the contract states otherwise.

V5. Basic Copy of Employment Contract

The basic copy of the employment contract must be drawn up, even if there is no legal representative of the workers.

V6. Legal Capacity and Permanence

Legal capacity and permanence are required to work.

V7. Covenant Duration

The covenant shall not exceed 2 years.

V8. Work Schedule Document

The work schedule is a document that firms can develop or not, as agreed with the legal representative of the workers.

V9. Contracting Minors

A 17-year-old can be freely contracted.

V10. Overtime Limits

No more than 80 annual overtime hours can be worked, excluding structural overtime.

V11. Force Majeure Overtime

Force majeure overtime is that which is done to repair a casualty or damage to the company, and it is obligatory for the worker.

V12. Relocation Leave

A worker is entitled to 2 days of leave for a change of residence, expandable to 4 if displacement is needed.

V13. Verbal Contracts

Homework contracts can be formalized verbally.

V14. Vacation Time

Vacations are generated per calendar year worked and should be enjoyed within the calendar year in which they are generated.

V15. Essential Elements of a Contract

The essential elements of a contract are consent, object, and cause.

V16. Weekly Rest

Every worker is entitled to a minimum of one and a half days of uninterrupted weekly rest.

V17. Workday Definition

The workday is the number of hours agreed upon in the contract or agreement, during which the employee provides labor activity to the employer.

V18. Non-Compete Clause

By a non-compete covenant, the employee agrees to stay with the company for having received specialized training.

V19. Temporary Interim Contract

A temporary interim contract will be permitted, and it is one of the causes mentioned in the labor law.

V20. Vacation Notice

The worker has to know the date of their vacation 2 months in advance.

V21. Night Work for Minors

Children under 18 years may work at night, always starting at 8:00 PM or later.

V22. Termination During Probationary Period

If the employment contract is terminated during the probationary period, the employee is not entitled to compensation.

V23. Contracts for Insertion

Contracts mandatory for insertion should be formalized in writing.

V24. Labor Contract Simplicity

The labor contract is simple.

V25. Basic Copy Content

The basic copy of the contract will contain all data except for the identification of the worker.

V26. Indefinite Contract Purpose

An indefinite contract serves to cover permanent needs.

V27. Temporary Hiring Justification

In order to hire temporarily, a just cause must exist.

V28. Unpaid Leave

Unpaid leave is a right that all workers have to leave their job, retaining the right to return but not the right to collect a salary.

V29. Contracts for Work or Service

Contracts for work or service can be formalized verbally.

V30. Minimum Probationary Periods

There are minimum probationary periods.

V31. Consensual Contract

One of the features of the employment contract is that it must be consensual.

V32. Maximum Daily Working Hours

There will be no more than 10 hours of work per day.

V33. Probationary Period in Basic Copy

The probationary period should always be included in the basic copy in writing.

V34. Contract Signatures

The contract must be signed only by the company and the legal representative of the workers.

V35. Paid Vacation

Paid vacation cannot be enjoyed in any event.

V36. Collective Agreement in Labor Contract

The labor contract must bear the collective agreement that resulted from its application.

V37. October 12th Holiday

October 12th, *Dia de la Hispanidad*, must be respected as a holiday for all autonomous communities.

V38. Vacation Days Limit

The law establishes a maximum of 30 calendar days in respect of vacations.

V39. Vacation Payment and Recovery

Holidays are paid and not recoverable during the year.

V40. January 1st Holiday

January 1st is always a holiday in La Rioja.

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