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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?
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?
Which of the following is NOT a mandatory element that must be included in a remote working agreement?
Which of the following is NOT a mandatory element that must be included in a remote working agreement?
What is the maximum duration for a temporary contract due to unforeseeable production circumstances, according to the text?
What is the maximum duration for a temporary contract due to unforeseeable production circumstances, according to the text?
What is the maximum duration of a temporary fixed-term contract which has a maximum notice period of 1 month?
What is the maximum duration of a temporary fixed-term contract which has a maximum notice period of 1 month?
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Which statement is true regarding internship agreements?
Which statement is true regarding internship agreements?
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In a company with less than 25 workers, what is the maximum duration for a temporary contract in the absence of a qualified technician?
In a company with less than 25 workers, what is the maximum duration for a temporary contract in the absence of a qualified technician?
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What is the minimum contribution period required for an employee to qualify for a hand-over contract?
What is the minimum contribution period required for an employee to qualify for a hand-over contract?
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Which type of dismissal requires no notice period?
Which type of dismissal requires no notice period?
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According to the content, what defines a part-time contract?
According to the content, what defines a part-time contract?
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If a worker voluntarily resigns, what is the purpose of the notice period?
If a worker voluntarily resigns, what is the purpose of the notice period?
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Which contract type is specifically designed for work that occurs at intervals rather than continuously throughout the year?
Which contract type is specifically designed for work that occurs at intervals rather than continuously throughout the year?
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According to the provided text, which of these contracts is exclusive for work related to the construction sector?
According to the provided text, which of these contracts is exclusive for work related to the construction sector?
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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?
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?
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What is the primary characteristic that defines a part-time employment contract?
What is the primary characteristic that defines a part-time employment contract?
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Which of the following contract types is specifically mentioned as available for victims of gender violence?
Which of the following contract types is specifically mentioned as available for victims of gender violence?
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In the context of a permanent construction contract, what is an employer required to do when the initial job is completed?
In the context of a permanent construction contract, what is an employer required to do when the initial job is completed?
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All the following are characteristics of a permanent discontinuous contract EXCEPT:
All the following are characteristics of a permanent discontinuous contract EXCEPT:
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Which type of contract is specifically designed for individuals employed in special employment centers?
Which type of contract is specifically designed for individuals employed in special employment centers?
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What does the concept of 'limit' in work performance, primarily obligate the worker to do?
What does the concept of 'limit' in work performance, primarily obligate the worker to do?
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What is the primary objective of the regulations that govern working days?
What is the primary objective of the regulations that govern working days?
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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?
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?
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What is the minimum rest period a worker +18 is entitled to, for a continuous workday exceeding 6 hours?
What is the minimum rest period a worker +18 is entitled to, for a continuous workday exceeding 6 hours?
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What is the minimum uninterrupted rest period between two ordinary workdays in typical cases?
What is the minimum uninterrupted rest period between two ordinary workdays in typical cases?
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What is one notable restriction for workers under 18 years of age?
What is one notable restriction for workers under 18 years of age?
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According to the content, who is prohibited from working during night hours?
According to the content, who is prohibited from working during night hours?
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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
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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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Description
This quiz explores the fundamental aspects of employment contracts, including their validity, essential elements, and the rights of workers and employers. Understand the principles governing these contracts and how labor laws and collective bargaining agreements apply. Test your knowledge on verbal and written contracts, job performance standards, and probationary periods.