The employment contract as a way of expressing the agreements and obligations in the employment relationship between worker and company
Among the sources of labor law we find the Work contract, celebrating verb forml when the contracting modality allows it, or otherwise or at the will of one of the parties, it will be done by written.
What is an employment contract?
He Work contract allows you to capture the agreements and obligations that will govern the employment relationship between company and workers, always respecting the Labor conditions legally established that are more beneficial for workers, the minimum and maximum limits established by legal provisions, collective agreements or agreements and the inalienability of rights.
Clauses in a contract
In one's own written employment contract template we have the following types of clauses:
General clauses
They include the basic data of the job, among others, the professional group, workplace, duration of the contract, working hours, trial period, vacation days, amount of remuneration and applicable collective agreement.
Specific clauses
According to the contract type of work that is agreed upon, they will have to specify the characteristics of the job or worker hired.
Additional clauses
This section is left to free disposition between company and workers to agree on any other condition or obligation that reinforces the employment relationship, as long as the legally established limits are respected.
The most common additional clauses that we can find in employment contracts are:
- Probationary Pact
Although the duration of the trial period is set in the general clauses of the employment contract, according to the article 14.3 of the ET, the interruption or not of the trial period may be agreed during situations of temporary disability, birth, adoption, custody for adoption purposes, foster care, risk during pregnancy, risk during breastfeeding and gender violence.
- Non-competition and full dedication agreement
A clause of non-compete according to article 21 of the ET, so that a worker does not provide his services for different companies when it is considered that there may be unfair competition; or full dedication is agreed.
This pact requires a extra salary economic compensationl, and your application may have a duration of up to two years once the employment relationship has expired.
- Permanence pact
According to the article 21.4 of the ET, A minimum duration of the employment relationship may be set when a person has received a professional specialization by the company, to launch a project or carry out a specific job.
This period may have a maximum duration of two years, and if the worker leaves the job early, the company may be entitled to compensation for damages.
- Functional versatility pact
The assignment of functions related to more than one professional group may be agreed upon, and, in such case, in accordance with the article 22.4 of the ET It will be equated to the one in which its functions are carried out for the majority of the time.
- Extraordinary bonus proration agreement
He article 31 of the ET allows extraordinary payments to be prorated monthly as long as it is agreed by collective agreement and agreed individually with the workers.
- Confidentiality agreement
The confidentiality of the data to which you have access for the provision of services may be expressly agreed upon, so that they remain reserved.
- Personal data protection
This clause allows inform workers about the processing of their personal data, their purpose and the possibility of exercising their rights in accordance with the regulations of the LOPD.
As we have seen, the employment contract itself has normative force in labor law, since the conditions established in its clauses will be applicable for the course of the employment relationship between both parties, which will be open to any other condition expressly agreed upon, with the respect and limits set by labor legislation and collective agreements.
