This guide will be useful for the hiring of employees of your company, helping you to understand better how to make a contract of employment and what options there are. In addition, the available resources and documents to attach.
What is an employment contract and how to make it
The employment contract is an agreement that involves two parties:
The employer: Who requests the providing of certain services in exchange for a salary or remuneration.
The worker or employee: Who is committed to provide those services according to their professional specialty in exchange for a salary.
This agreement represents that both the employer and the worker get a series of rights and duties between them. These may be modified under the covenant but not broken, as it could cause the end of the employment relationship.
The duration and salary of the contracts of employment will depend on the purpose for which it is created for (fixed/temporary), services provided, and of course, the pacts to become parties.
Now that we have known what is a contract of employment, we will see more closely their characteristics so you will know how to make a contract of employment.
Characteristics and types of contracts according to their destination
Who can recruit and who can be employed
The businessman can hire: any individual with 18 years of age and with full capacity to act.
Also, all of these people can be contracted:
- Older than 18 years, who have full capacity to act
- Older than 16 years who live independently, with the authorization of the parents or guardians
Common characteristics to all contracts of employment
In terms of its form, the employment contract must be in writing. You must specify its duration (determined), salary and job to play. Although in practice it is common to work only with a verbal agreement, it is not recommended. Both employees and businessman may require at any time to formalize it in writing, thus avoiding controversies in this regard.
The working day may be:
- full-time (8 hour day)
- partial (for hours or half a day).
In general, the trial period of the contract may not exceed 6 months for qualified technicians, and two months for the other employees. As an exception, the contracts of training and practice, whose trial period can never overcome the 2-month.
The holidays usually have a minimum duration of 30 days a year. They can be expandable according to the collective agreement of the professional category, or the pacts between employer and employee. They depend directly on the duration that has the contract, the holiday period will vary proportionally according to the time that lasts.
For example, employees hired for a period of 6 months will have right to a vacation of 15 days minimum.
Forms of employment contract
Contract made for a number of hours a day, a week, a month or a year being less than the working time of employees on time complete. These contracts can be indefinitely or for a fixed term, day full or half, depending on the circumstances for which it was held. There are different types in our regulation:
Intermittent contract: is for workers who perform specific jobs within the company’s normal production volume.
Contract for the execution of a work or service: this agreement usually made by an organization, own-account or self-employed worker.
The eventual contract by circumstances of production: used to meet circumstantial demands of the market, accumulation of tasks or excessive orders.
Contracts of employment: for disabled persons or groups in a situation of social exclusion.
Interim contract: used to replace workers on leave of absence , with right to reserve covering their workstation for the duration.
Permanent contracts: the main feature of this agreement is that it does not have a specific time limit. The day can be complete (8 hour day) or partial (for hours or half a day).
Training and learning contracts, and practices contract
Although these contracts can easily be confused, they are very different:
The training contract aims to employed young people (aged 16-25 years) to acquire the necessary training to perform adequately a profession requiring certain qualifications, committing the businessman to devote a minimum of 15% of their journey to the theoretical training of the worker.
On the other hand, in the practices contract there is no limitation of age, and it is intended to allow the obtaining of professional practice adequate to the level of study of the worker, who is already university entitled or vocational trained.
See oficial website: https://www.sepe.es/
Regulation and content of the contract of employment
Regulation and collective agreements
To learn how to make a contract of employment, you must know its regulation. Collective agreements regulate aspects of any contract of employment. Depending on the professional categories of employees, they determine: job, support contracts, duration of the day, trial periods, vacation, salary, causes and consequences of its extinction. Therefore, they are the basis of any working relationship (with the status of workers and laws), and can affect the modifications agreed by the collective agreements attached to it.
Finally, remember that it is important that the contract is signed by both parties and to attach a copy of the required documents.
Now you know how to make a contract of employment. If you have doubts, ask one of our experts. We are to help you.