internet job CONTRACT AND TYPES
Employers
Who can be hired?
How should an employment contract?
The validity of the employment contract
worker rights and duties
types of employment contract
businessman employer can be any person of more 18 years and to work full capacity to hire a worker.
under 18 and older of 16 may recruit if they are independent of their parents and have the authorization of their guardians (those who make up most bearing age)
Who can be hired?
in principle can be all those people, older of 16 years, who have not been deprived of their capacity to act by a court of law.
For the menores of 16 years And prior authorization of parents or guardians and competent, they are allowed to participate in public performances long as his speech is not a danger to the integrity physical and psychological.
Meanwhile, children under 18 can not work night time (when at least three hours of the workday was held between ten pm and six o'clock), make overtime nor serve in jobs declared unhealthy, painful or harmful that may affect directly or indirectly to its development.
Meanwhile, children under 18 can not work night time (when at least three hours of the workday was held between ten pm and six o'clock), make overtime nor serve in jobs declared unhealthy, painful or harmful that may affect directly or indirectly to its development.
How should an employment contract?
In principle, employment contracts may be concluded both written as a oral understanding that the contract will work when there is an agreement between worker and employer on the provide a service under the direction and organization of it in return a financial reward.
However, the employment contracts as detailed below must always appear in writing in the official model :
- The contracts practices. The
- training contracts.
- Contracts part-time, permanent-intermittent , relay and contracts for work at home.
- contracts to perform a task or service and integration contracts.
- contracts of workers hired in Spain for English companies abroad.
- temporary contracts lasting more than 4 weeks.
If not held in writing, deemed to be held indefinitely by and full, unless it is established that were held on a temporary or part-time (hourly or half-day)
In the labor contract by written , shall include the following paragraphs :
- The data of the Company and the employee.
- The date on which employment will begin and its duration. The
- type of contract held. The
- the same object, that is, functions (professional) that will play the worker in the company. The
- conditions in which to provide service such as location (workplace), seven days a week schedule.
- The test period .
- The duration of the rental .
- The remuneration .
- The applicable collective agreement.
- The contract must be signed by both parties and submitted to the Office for INEM.
In any case, an attorney can offer advice on all these issues and others are detailed below in the light of the particular features of each specific case.
Validity of contract
The contract will not valid even if they take each and every one of the above requirements, if held to lack of consent under duress or threats and in the event that the contract had intended to carry out services impossible or illegal .
worker rights and duties
The most important rights and duties of the employee are as below:
- worker Rights: A
- effective occupation during the workday.
- A promotion and training at work (promotion, training and adaptation ... etc.)
- A non-discrimination in accessing a job.
- A physical integrity and privacy.
- To receive the agreed remuneration punctually.
- Other as stated in the contract.
- worker Duties:
- Meet the specific obligations of the post in accordance with the principles of good faith and diligence.
- Comply with health and safety measures taken.
- Comply with orders and instructions of the employer in the exercise of its leadership.
- not do the same job for another company to develop the same activity.
- help improve productivity.
- Other established in the contract.
types of employment contract
are the following :
The part-time contract
training contracts
The interim contract
's contract work or service
The eventual contract for production circumstances
The regular indefinite contract
For the promotion of permanent contracts
The replacement contract
The hiring of disabled workers
previous contract rates in turn can be classified into two categories: contracts indefinitely and temporary contracts . In the first would include part-time contracts (if the relationship is not defined), and regular permanent and indefinite employment promotion, the second group all others.
The part-time contract
is one for which the worker agrees to provide services a number of hours a day, week, month or year should be lower to the established full-time employment in the sector collective agreement or, failing that, to the maximum time established by law.
Requirements: No specific requirements for the company or worker.
contract Form: The contract must be made in writing on the official form, indicating the number of ordinary hours of work per day, week, month or a year, as appropriate, its distribution and concentration time monthly, weekly and daily.
should also be noted also the determination of days in which the employee will serve.
Without explicitly detailing the circumstances, the contract will be concluded, unless the contrary can be demonstrated, to complete day.
The test period : Can not exceed 6 months for qualified technicians to 3 months for workers in firms with fewer than 25 employees and a ; 2 months for other workers.
The contract duration: The contract may be part-time for an indefinite time or temporary , ie for a fixed period.
The part-time contract is considered as fixed-intermittent when:
- It is valid for fixed work newspapers within the normal volume of business activity .
- arranges for work is in the nature of discontinuous fixed and not repeated in dates.
In both cases, workers must be called in the manner prescribed by collective agreements and in cases where the worker is not called, you can claim for dismissal before the labor courts.
may be held part-time contracts in the following contractual arrangements: Performing
- of a work or service.
- For reasons of production and markets that produce a backlog of orders or excess.
- Recruitment of who is entitled to the job.
- experience contracts. Contracts
- over.
The day: It will be in each case is agreed in the contract working with limit the duration of the normal working full-time workers usually have in the undertaking.
The part-time workers shall not work overtime unless due to force majeure, but may be agreed between the employer and the employee conducting additional hours.
Thus, additional hours :
- only be required if the employee and the employer agreed to their realization. This agreement shall be held also in writing using the official.
- can only be agreed in the event that the part-time contract has the status of permanent .
- The deal must be collected maximum number of additional hours to be performed by the worker may not exceed 15% of the time stated in the contract of employment. Collective agreement may be established by another percentage that in no case exceed 60%.
- The sum of the hours stated in the employment contract and that the additional hours if held, must not exceed the time of day a regular full-time worker.
- The distribution and embodiment of these additional hours must be established in the collective agreement.
- The complementary hours should communicate to the employee, unless otherwise provided by collective agreement or individual agreement, with at least 7 days in advance .
- must be respected in any case the time limits set and the rest .
- is remunerated by the same amount of normal hours.
The extinction the contract: If the contract has lasted longer than one year extinction be communicated in writing to the employee with a notice of at least , 15 days. In
term contracts that have been completed within established duration, if it reached the worker continues to provide its services, it is understood that the contract is automatically extended and indefinite time.
The termination of employment contract expiry agreed period, will entitle the employee to receive a compensation amounting to 8 days of wage by each contract year, unless a collective agreement is agreed by higher compensation.
The failure to convene the employee by the employer in cases in which the part-time contract be characterized as discontinuous fixed, will the dismissal of the worker.
Compensation: Will be established in each case by the collective agreement and is determined according to time worked. The Covenant may agree a higher return.
training contracts: In practice and in training
can be of two types :
The contract practices
The training contract
The contract
practice involves the provision of gainful employment that provides to a worker practice appropriate to their level of education.
The collective agreements determine jobs, groups, levels and occupational categories in which this type can be contract.
Requirements: The conclusion of such contracts should be adjusted to comply with certain requirements.
- For empresa: No worker may be employed in practice in the same or a different company for a period exceeding 2 years based on the same degree.
The company must apply to the INEM a certificate on the contracts in practice that the employee has held at least 10 days before the date of incorporation of the same. - For worker : The worker must be in possession of university degree, vocational training or officially recognized title that will enable for professional who have not been more than 4 years from procurement.
In cases where the worker has performed his studies in foreign , the computation of 4 years will be from the date of producing the validation of their studies in Spain if Validation is required for the practice of the profession.
Form of contract: The contract must be made in writing in official form indicating specifically within duration of the contract and put work to play.
The test period : Except as otherwise provided in the collective agreement, the trial period can not exceed 1 month for graduates university undergraduate and vocational training half of first grade and 2 months for graduates of senior and second-level vocational training.
The contract duration : can not be less than 6 months not more than 2 years , and taking into account these effects, the periods the worker has been employed in practice in other companies.
2 extensions may be made by a duration of at least 6 months each, up to the ceiling of its duration, unless otherwise provided in the agreement.
If reached the maturity of the contract the worker continues to provide its services, the contract will be extended automatically.
The extinction of the contract: If the contract has lasted longer than one year must communicate extinction by writing to the worker with a minimum of 15 days .
The employer shall issue the employee with a certificate stating the duration of the internship, job or jobs held and the main tasks performed. Compensation
: shall be specified in each case the collective agreement but, failing that, may be lower than 60% during the first year of the contract and 75% the second year , the wage set in the agreement for employees who perform the same or equivalent job.
The training contract
It aims that the worker acquires the theoretical and practical necessary for the proper performance of a office or a position work that requires a certain level of qualification .
should be devoted to theoretical training of the worker at least 15% of the day maximum specified in the collective agreement or failing that, to the maximum legal. Respecting this limit, the collective agreement may fix the time devoted to theoretical training and distribution.
When the hired worker has not completed the educational levels within the compulsory education, formal training will aim to complete this education immediately.
turn, means that the requirement of formal training if the worker proves by certification of the competent public authority, who has done an occupational training course appropriate to the office or position work under contract.
Requirements: The conclusion of such contracts should be adjusted to comply with certain requirements.
- For companies: By collective agreement may, depending on the size of the workforce, the maximum number of training contracts that can be made and jobs that may be subject to the same .
- For the worker: can be employed in training the older of 16 and menores of 21 years that lack the qualifications required to perform an internship.
This age limit does not apply to contracts called of insertion made with the following groups of workers:
- Unemployed disabled. Foreigners
- during the first two years of the validity of their work permit. The unemployed
- carrying more than three years without work.
- The unemployed in social exclusion. The unemployed
- to be incorporated into school programs workshop, offices and employment workshops.
may not enter into contracts for training aimed at the qualification for a job that was previously played by the worker in the same company for longer than 12 months .
The form of contract: The contract shall be concluded by written in official form.
The test period : It shall 2 months.
The contract duration : The minimum duration of the contract is 6 months and maximum of 2 years, although the collective agreement may provide for other durations depending on the features of the job or job to play and the same educational requirements. However, the minimum period not less than 6 months and a maximum of more than 3 years.
If an agreed time after the term of the contract, the worker continues to provide its services, the training contract means extended automatically to the maximum contract duration. Expired
the maximum duration of the contract, the worker can not be employed on the same form for the same or different company. If exhausted the maximum duration of the contract the worker continues to provide its services to the Company, the contract means that the employment relationship with the company is of an indefinite . The
extinction of the contract: If it lasts more than 1 year the desired end must notify the other of its intention to extinguish it with a minimum of 15 days.
The employer must provide workers with a certificate stating the duration of the theoretical and practical skill level acquired.
The worker may request the competent public authority that, following the necessary evidence, will issue the corresponding certificate of professionalism.
In these cases, the employee is not entitled to any compensation resulting from the termination of the contract over the agreed period.
Compensation: The remuneration is fixed in collective agreement which may not be less than in any the minimum wage (SMI) always perceived as a proportion of working time effective.
When the worker proves that he completed a course of vocational training occupational remuneration is increase in proportion to the time not devoted to theoretical training.
The interim contract
Its purpose is to replacement workers with the right to retain the job or coverage of a particular post for the duration of the selection process.
Requirements: A worker who is to replace (eg low or leave ) shall be entitled to reserve of because of work under standard collective agreement or individual agreement.
The form of contract: The contract shall be held by written and it should be clearly indicated who is replaced and cause the replacement.
Where that is done to fill a vacancy duration of the selection process of , identify clearly the vacancy.
The test period : may not exceed 6 months for qualified technicians in 3 months for workers in firms with fewer than 25 employees and 2 months of for other workers.
The contract duration : it be the duration of the right of reserves the job. In the If job coverage during periods of selection, the duration of the contract will coincide with the duration of the selection or promotion, with a maximum of 3 months .
The contract termination : The agreement will terminate by the return worker replaced by the deadline for the reinstatement or the extinction of causes that led to the reservation of the post. Compensation
The contract for work or service
Its purpose is to carry out works or services determined autonomy and ; substantivity own activity within the company, whose execution, but is limited in time, is of uncertain duration .
Collective agreements will identify the jobs or tasks entity within the normal business activity that may be covered by contracts of this nature.
Requirements: No specific requirements exist for either the worker or the company.
Form of contract: The contract shall be concluded by written indicating specifically what the work or service under contract.
Test Period : Unless otherwise provided in the collective agreement may not exceed 6 months for qualified technicians in 3 months for workers in firms with fewer than 25 workers and 2 months for other workers.
The contract duration : it be the time required to perform the work or service determined.
The extinction of the contract: If the duration of the contract exceeds one year, the party wishing to extinguish, it will notify the other party with a minimum of 15 days.
Termination of the employment contract will result in these cases a compensation amounting to 8 days of salary for each year of service, unless a higher indemnity determined by collective bargaining. Compensation
The eventual contract for production circumstances
It aims to meet the market demands, accumulation of tasks or excess of orders, even if the normal business activity.
Requirements: It is fixed by the collective agreement activities in which they can hire temporary workers and the volume that this type of contract can be represented in the total contracts entered into by the company. There are no specific requirements to be met by the worker.
The form of contract: The contract may be of word, if its duration is equal to or less than 4 weeks and written when it exceeds this time limit, stating the because it warranted, this is, what is the possible circumstances of production.
The test period : Unless otherwise provided in the collective agreement may not exceed 6 months for qualified technicians in 3 months for workers in firms with fewer than 25 workers and 2 months for other workers.
The contract duration : be like maximum of 6 months within a period of 12 months from the beginning of the relationship employment, except amendments made by the applicable agreement, without which in this case may exceed the duration of 12 months within a period of 18.
If held for a period less than the legally established, the contract may extended by mutual agreement once to reach the maximum duration itself. If the worker passed this term to continue providing its services to the Company, the employment relationship will be of an indefinite .
The extinction of the contract: If the duration of the contract exceeds one year, the party wishing to extinguish, it will notify the other party with a minimum of 15 days.
Termination of the employment contract will result in these cases a compensation amounting to 8 days of salary for each year of service, unless a higher indemnity determined by collective bargaining.
The regular indefinite contract
Its purpose is to provide of gainful employment for an indefinite period .
Requirements: No specific requirements for the company or the worker.
The form of contract: The contract may be held by written or word.
The test period : Subject collective agreement may not exceed 6 months for qualified technicians y para los demás trabajadores, de 3 meses en las empresas de menos de 25 trabajadores y de 2 meses para el resto de trabajadores.
La duración del contrato: Será por tiempo indefinido .
Extinción del contrato: Si la duración del contrato es superior al año, la parte que desee extinguirlo, deberá notificarlo a la otra parte con una antelación mínima de 15 días . Atendiendo a la causa de la extinción contract or the employee is entitled to no compensation .
Compensation: which will apply the Covenant in respect of parts or provisions in the collective agreement.
Quote: There incentive bonuses consisting of employer contribution to Social Security for common in cases in which the contract worker belongs to any of the groups protected. Otherwise, general rules apply.
The contract for the promotion of permanent contracts
It aims to facilitate stable placement workers unemployed and those who provide their services temporary contracts.
Requirements:
- for the Enterprise: No have made in the twelve months preceding the conclusion of the contract terminations employment contracts for reasons objective declared inadmissible court of law or have carried out a collective redundancy. In both cases, the limitation only affects extinctions and redundancies after 17 May 1997 and to cover those jobs in the same professional category or group affected by the termination or dismissal and for the same school or workplace.
- For the employee, unemployed The worker will be included in any of the groups that are detailed below:
- Unemployed women aged between 16 and 45. Women
- unemployed when hired to serve in professions or occupations with lower rates female employment. Unemployed
- continuously enrolled in the employment office for 6 months or more.
- older than 45 years.
- unemployed recipients of unemployment benefits and allowances, the remaining one year or more of perception at the time of recruitment. Women
- registered unemployed for a period of twelve or more months in office employment who are employed in the 24 months following the date of delivery.
Form of contract: The contract must be written and official form.
The period of test : Subject collective agreement may not exceed 6 months for qualified technicians and other workers, 2 months in companies 25 or more workers and 3 months in less than 25.
The contract duration : for an indefinite time .
The contract termination : When the contract is terminated by objective reasons and the dismissal is declared unfair, the amount of compensation which will be payable to an employee shall 33 days of salary ; by years of service, prorated for the periods of less than one year to a maximum of monthly 24 (compared to 45 days salary per year of employment with the limit 42 months would receive in the same case the regular permanent workers)
Quote: there incentives consisting bonus share for common contingencies in cases where the contract worker belongs to any of the groups protected.
The replacement contract
Its object replacement of the worker in the new entrant in a partial to retirement.
be considered partial retirement that is requested after 60 and before 65, and to be reconciled with the performance of part-time work, being linked to a contract exisitencia relief provided to an unemployed worker.
In this period the worker will combine replaced the proportional payment of the retirement pension and the appropriate wage to work part time. For the purpose of pharmaceutical services will be considered pensioner.
Requirements: No specific requirements for the company or the worker.
The form of contract: must be made in writing on the official .
The test period : Subject to collective agreement may not exceed 6 months for qualified technicians and other workers, 2 months in companies with 25 or more workers and 3 months in less than 25.
The day of work: This contract shall be entered full-time or partial but must be at least equal to the reduction of the day agreed by the worker replaced and that in turn must be between 30 and 70%.
The schedule of relieving employee's work may complete the worker is replaced or performed simultaneously .
The worker's job and relieving replaced may be the same or similar, ie involving the performance of work under the same professional level or equivalent category.
The duration the contract: The contract will be for the time remaining until the worker substituted for entitlement to retirement pension to limit maximum of 65 years worker (5 years maximum)
The contract extinction: There are no special rules, so you have to sit to determine in each case the collective agreement and legislation.
Contract for disabled workers
It aims promote the employment disabled workers .
Requirements:
For company: must request the employee to the employment office, indicating the positions to be filled, its technical characteristics and the ability of the worker should have.
worker For : Have a decline of capacity of at least the 33%. Must be registered in the corresponding record in the employment office.
The form of contract: written by and official form.
The test period : In the absence of agreement by mutual agreement, not exceeding 6 months for qualified technicians and other workers, 2 months in companies more than 25 workers and 3 months in less than 25. The
duration of the contract will be for an indefinite time and a full day.
extinction The employment contract: There are no special reasons so you have to sit with current legislation. Compensation
