We explain what an employment contract is and the types of contracts that exist. Also, what is the employment contract law and its elements.
What is an employment contract?
An employment contract is a legal document in which an agreement is formalized between an employer (businessman, store owner, organization manager, etc.) and a worker, which details the terms under which the relationship will occur. of work between them, that is, the terms under which the worker will provide his services to the employer under your direction, and will receive a salary or monetary remuneration in exchange.
These terms must always occur within the provisions of labor laws. of the country or territory where the employment contract is signed. If this is not the case, a contract will not be considered valid in court and its compliance cannot be legally claimed, that is, it cannot be binding, nor oblige those who sign it to do anything.
All employment contract contemplates a series of rights and obligations for both parties involved which have the double mission of guaranteeing that work is carried out in the preconceived and mutually accepted manner, also complying with labor rights and protections guaranteed by law for the worker.
See also: Minimum wage
Types of employment contract
Employment contracts, in principle, can be of two types:
- Individuals Those that concern a single person, who undertakes to provide subordinate individual work, in exchange for the payment of a pre-agreed salary.
- Collectives Also called Collective Labor Contracts (CCT), they are concluded between a workers' union or a professional union, and one or more employers. By covering a more or less broad group of workers, these contracts usually have greater laxity on the part of employers, since they benefit from mass hiring.
Employment contract law
The employment contract laws of different countries are legal tools contemplated within the constitutional framework of the nation in which the legal parameters that regulate the hiring of workers are established.
That is: the body of laws that determine how the contractual hiring of a worker should take place to ensure that both parties are supported by the law and that neither party's fundamental rights are violated. This type of legislation varies according to the country.
Elements of an employment contract
Every employment contract must comply with the following elements:
- Identification of the parties involved: employer and worker(s).
- The start date of the employment relationship, and the closing date in the case of a temporary employment relationship or its probable duration.
- The tax domicile of the company, or the place where the company or employer is legally established, since the one that exists in this designated territory will be used as the legal framework behind the contract.
- The amount of salary and any supplements presented.
- The duration and distribution of the ordinary work day.
- The category or professional group in which the work to be performed falls, as well as its description.
- The duration of the vacation and the conditions in which it will be enjoyed.
- Notice periods and considerations regarding the interruption of the employment relationship.
- Applicable collective agreement, if any, as well as data for identification.
