Understanding Labor Laws: Contracts, Rights, and Regulations

What is an Individual's Job?

An individual's job is one whereby an individual agrees to perform any work or provide professional services to another natural or legal person under the continuing dependence or subordination of this and through payment.

What are the Three Elements Essential to Ensuring an Employment Contract?

The three essential elements are:

1. The worker's personal activity is performed.
2. Continued subordination or dependency of the worker on the employer.
3. Pay for service as remuneration.

What is the Pattern Subject to When Establishing a Working Relationship with a Minor?

The pattern is subject to the fulfillment of all obligations of the contract. However, the official office of the Ministry of Labor may, ex officio or on application, order the creation of the relationship and sanction the employer with a fine.

What Shall be Entitled to Children Entering the Workforce?

Children entering the workforce are entitled to:

• Salary commensurate with their work
• Other constitutional guarantees
• Special working hours

What Rules are Subject to the Maximum Length of a Child's Work Day?

1. Those over 14 and under 16 may work no more than 4 hours per day.
2. Those over 16 and under 18 may work no more than 6 hours per day.
3. Those aged 16 and under 18 may be authorized to work until 8 PM as long as it does not affect their education.

What is a Contract for a Learner?

It is a contract by which a child is forced to work for an employer for a determined wage in exchange for the employer providing professional technical training required to learn a trade, art, or industry. The contract must be in writing.

What Must be Provided in all Written Contracts?

Any modifications or extensions must be drafted in writing, except as provided in the contract. Both the employer and the concerned parties must have copies. The employer is obliged to archive these documents. This requirement is only enforceable by the Ministry of Labor and Social Security.

When May a Verbal Employment Contract be Used?

1. Domestic Service.
2. Temporary or incidental work not exceeding 60 days.
3. Specific works whose value does not exceed Lps. 200.00 and 60 days.
4. Work in crops or livestock, unless they are businesses or businesses resulting therefrom.

How is an Employment Contract Proven?

It is proven with the respective documentation or deductions on prevention to the worker. It is governed by witnesses or any other proof.

What Must an Employment Contract Include in Writing?

1. The general information of the contractors.
2. An indication of the services that the employee is obliged to provide.
3. Duration of the contract or a term of indefinite duration, and the start date.
4. The location where services should be provided.
5. The length of the workday and the schedule.

What is the Trial Period?

The trial period aims to assess the worker's skills and the convenience of working conditions. This period shall not exceed 60 days and will be paid.

How Must the Trial Period be Provided?

It must be provided in writing. Otherwise, the services are covered by the general rules of the contract.

What Must a Collective Bargaining Agreement Contain?

It must be provided in at least three copies, whether public or private, for the parties and the Department of Labor.

What are the Types of Individual Work Contracts?

1. Indefinite or undetermined.
2. Fixed-term or limited.
3. For specific work or services.

What is Security of Employment?

It is the right of workers to keep their jobs during their working life, provided there is no just cause for dismissal judicially proven.

What is Possible Work?

It is a further exception to the principle of the indeterminate duration of labor relations. In plant jobs, it appears that there is a third species of activity: seasonal work.

What is Plant Work?

Plant work includes all activities that are a normal and necessary part of the enterprise or establishment, and whose absence would make operation impossible.