Employment Contracts Overview

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Questions and Answers

According to Law 10/2021, what is the minimum percentage of the working day that constitutes regular remote work within a 3 month reference period?

  • 15%
  • 30% (correct)
  • 20%
  • 50%

Which of the following is NOT a mandatory element that must be included in a remote working agreement?

  • Employee's personal preferences for work hours (correct)
  • Means of exercising corporate control
  • Inventory of equipment provided by the company
  • Procedure in case of technical difficulties

What is the maximum duration for a temporary contract due to unforeseeable production circumstances, according to the text?

  • 6 months
  • 9 months
  • 12 months (correct)
  • 3 months

What is the maximum duration of a temporary fixed-term contract which has a maximum notice period of 1 month?

<p>6 months (A)</p> Signup and view all the answers

Which statement is true regarding internship agreements?

<p>They do not imply a labor relationship and can be paid or not. (A)</p> Signup and view all the answers

In a company with less than 25 workers, what is the maximum duration for a temporary contract in the absence of a qualified technician?

<p>3 months (B)</p> Signup and view all the answers

What is the minimum contribution period required for an employee to qualify for a hand-over contract?

<p>33 years (A)</p> Signup and view all the answers

Which type of dismissal requires no notice period?

<p>Dismissal for force majeure (D)</p> Signup and view all the answers

According to the content, what defines a part-time contract?

<p>Working less hours per day, week, month, or year than a comparable full-time worker, as determined by CBA or law. (A)</p> Signup and view all the answers

If a worker voluntarily resigns, what is the purpose of the notice period?

<p>To allow the company to replace the employee, as well as reduce any damages the exit could cause. (B)</p> Signup and view all the answers

Which contract type is specifically designed for work that occurs at intervals rather than continuously throughout the year?

<p>Permanent discontinuous contract (D)</p> Signup and view all the answers

According to the provided text, which of these contracts is exclusive for work related to the construction sector?

<p>Permanent construction contract (B)</p> Signup and view all the answers

If a worker's job ends under a permanent construction contract due to lack of available positions or unwillingness to accept a new role, what benefit is this worker eligible to receive?

<p>Unemployment benefits (C)</p> Signup and view all the answers

What is the primary characteristic that defines a part-time employment contract?

<p>The work hours are less than a full-time position. (B)</p> Signup and view all the answers

Which of the following contract types is specifically mentioned as available for victims of gender violence?

<p>Indefinite contract for victims of gender violence (B)</p> Signup and view all the answers

In the context of a permanent construction contract, what is an employer required to do when the initial job is completed?

<p>Offer the worker another available position or training for a new role (C)</p> Signup and view all the answers

All the following are characteristics of a permanent discontinuous contract EXCEPT:

<p>The work must be in the construction sector. (C)</p> Signup and view all the answers

Which type of contract is specifically designed for individuals employed in special employment centers?

<p>Indefinite contracts in special employment centers (A)</p> Signup and view all the answers

What does the concept of 'limit' in work performance, primarily obligate the worker to do?

<p>To remain at the employer's disposal for a set number of hours and perform the work service (D)</p> Signup and view all the answers

What is the primary objective of the regulations that govern working days?

<p>To protect worker's health and ensure fixed salary proportional to work hours (B)</p> Signup and view all the answers

According to the content, what is the maximum legal duration for an ordinary working day, on average in the computation of a year, not considering any collective/individual agreement?

<p>40 hours per week (B)</p> Signup and view all the answers

What is the minimum rest period a worker +18 is entitled to, for a continuous workday exceeding 6 hours?

<p>15 minutes (D)</p> Signup and view all the answers

What is the minimum uninterrupted rest period between two ordinary workdays in typical cases?

<p>12 hours (C)</p> Signup and view all the answers

What is one notable restriction for workers under 18 years of age?

<p>They cannot work more than 8 hours per day (B)</p> Signup and view all the answers

According to the content, who is prohibited from working during night hours?

<p>Pregnant women, minors, and those on training contracts (C)</p> Signup and view all the answers

Flashcards

Notice in Employment Contracts

A period of time that an employer or employee must inform the other party in advance about an event affecting their employment contract, such as termination, changes in conditions, or resignation. It aims to reduce potential damages and give the other party time to react.

Maximum Duration in Dismissal

The maximum amount of time an employee can be dismissed without cause, depending on their employment contract type, company size, and their qualifications. This timeframe limits how long an employee can be without work, protecting them in case of dismissal.

Part-Time Contract

A type of employment contract where the employee works less than a full-time employee. This can be for a specific period of time or indefinitely, depending on the legal regulations and the agreement between the employer and employee.

Training Contract

A type of employment contract where the employee receives specialized training in a specific field. This training is usually connected to their work and helps them gain professional skills.

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Indefinite Contract

An employment contract that has no fixed end date and continues indefinitely. This is typically considered a permanent employment arrangement.

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Remote Work Agreement

A type of employment contract where the employee works remotely for at least 30% of their working day, based on a 3-month reference period. It requires a written agreement outlining working conditions, equipment, and other important details.

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Hand-over Contract

A type of contract linked to a part-time contract due to partial retirement. It requires specific conditions like full-time work history, contributions, and age eligibility.

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Part-time Contract (After 2022 Reform)

A type of employment contract where the employee works less than a full-time employee, but the number of hours can vary.

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Permanent Discontinuous Contract

A type of contract where the employee works intermittently, with periods of work followed by periods of no work. It is common in fields like construction.

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Permanent Construction Contract

An employment contract specifically for work or services related to construction, with a guaranteed job offer after the project is complete. If no suitable role is available, unemployment benefits are provided.

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Indefinite Contract for Disabled Individuals

An indefinite contract designed for individuals with disabilities, offering them stable employment opportunities.

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Indefinite Contract for Individuals Over 52

An indefinite contract aimed at offering employment opportunities to individuals over 52 years old.

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Indefinite Contract for Socially Excluded

An indefinite contract designed for individuals experiencing social exclusion, providing them with stable employment opportunities.

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Indefinite Contract for Victims of Gender Violence

An indefinite contract specifically created for victims of gender violence, offering them job security and support.

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Ordinary Working Day

The maximum number of hours an employee can work per week, typically 40 hours on average over a year. This includes all work time, even training.

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Irregular Distribution of Working Day

A type of work arrangement where employees work outside of the standard 9-to-5 schedule, allowing for flexible hours and potentially different work schedules.

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Breaks during the Working Day

A mandatory minimum rest period required for employees, typically 15 minutes after 6 hours of continuous work for adults, and 30 minutes after 4.5 hours for minors.

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Minimum Breaks Between Workdays

The minimum amount of time an employee has to rest between workdays, typically at least 12 hours, with some exceptions.

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Night Time Work

A specific time period where employees are prohibited from working, typically between 10 pm and 6 am. This protects employees' health and ensures adequate sleep cycles.

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Effective Working Time

The total amount of work time an employee is paid for, including training time. This excludes breaks and non-work related activities.

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Not Effective Working Time

The time an employee spends on activities that are not considered work, such as breaks or personal errands. It's not paid and must be recovered.

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Study Notes

Employment Contracts

  • Workers voluntarily render paid services for another person (employer).
  • Principle of reasonableness applies to employer/employee decisions, ensuring fairness, rationality, and justifiability.
  • Elements of a valid employment contract: voluntariness, personal nature of services, subordination/dependency, remuneration received.
  • Workers are subject to employment contract, part of a union, and protected by applicable laws/statutes.
  • Employers are physical or legal entities receiving services and/or employing agencies.

Employment Contract Details

  • Work contracts can be verbal or written.
  • Employment contracts are governed by labor laws and collective bargaining agreements (CBAs).
  • Agreements are often tied to a standard, salary and profit for both parties.
  • The probation period allows termination without notice, by either party.
  • Maximum duration of probationary periods depend on the number of workers at the company and what field the employee is working in.
  • Notice periods are vital in employment contracts allowing proper transition and reducing potential damage.

Employment Contract Types

  • Training contracts: For professional practice, with varying durations based on foreseeability.
    • Can be for up to 12 months or 90 days in a year (depending if it is foreseeable or not).
  • Alternate Contracts: Agreements of 16-30 years of age with 6-36 months of duration.
  • Permanent contracts: Time limit not established.
  • Temporary contracts duration is dependant on foreseeable/unforeseeable circumstances.
  • Internship Agreements: Without a direct labor relationship and are often unpaid.
  • Part time contracts: Allows for less than full-time work hours according to the CBA.
  • Hand-over contracts: Connected to part-time roles due to retirement, if the worker has worked full-time and has contributed for at least 33 years and has been employed for the last six years.
  • Permanent Discontinuous contracts: Work activity happens intermittently.

Working Day, Hours, and Salar

  • Working day is limited to hours per day, week or month that are less than a comparative full-time work.
  • The working day must be established in the employment contract.
  • Overtime involves working beyond standard working hours and may be voluntary, compulsory or agreed in the CBA
  • Holidays and vacations are included within the work agreement and can be set in advance with clear dates.
  • Salary is complete pay, in cash or in kind, for employment rendered, and cannot exceed a certain percentage (around 30%).

Other Important Considerations

  • Principle of equality means workers have equal rights regardless of hours worked, although proportionality may apply to certain aspects of compensation.
  • Standard working hours and breaks are crucial considerations.
  • Differences from full-time equivalent are to be accounted when designing pay or working schedules.
  • Wage Guarantee Fund (FOGASA) is crucial for safeguarding worker wages.
  • Minimum Interprofessional Wage (or SMI) rates are annually adjusted following consultations with stakeholders.
  • Payroll processing involves standardized procedures for compensating employees fairly and efficiently.
  • Remuneration types include direct (salary + incentives) and indirect (benefits/services).
  • Remuneration systems are methods for determining salary levels, including job-based and performance-based systems.

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