Employment Contracts Overview

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Questions and Answers

What is the maximum duration for a temporary contract when it does not specify a duration in the CBA?

  • 1 month unless otherwise provided for in the CBA (correct)
  • 2 months for all workers
  • 3 months for qualified technicians and 1 month for the rest
  • 6 months for qualified technicians and 2 months for non-qualified workers

In a company with less than 25 workers, what is the maximum duration for a temporary contract for a worker who is not a qualified technician?

  • 1 month
  • 3 months (correct)
  • 2 months
  • 6 months

Which type of dismissal does not require prior notice?

  • Objective dismissal
  • Disciplinary dismissal (correct)
  • Collective dismissal
  • Dismissal for force majeure

What is the required notice period for an objective dismissal?

<p>15 days (C)</p> Signup and view all the answers

Which of the following describes a part-time contract?

<p>An employment contract where the employee works less hours than a full-time worker (C)</p> Signup and view all the answers

If an employment contract does not specify a full-time working day in the CBA, according to which article is this defined?

<p>Article 12 WS (A)</p> Signup and view all the answers

A company needs to terminate 20 employees due to a significant reduction in their business, what type of dismissal will apply?

<p>Collective Dismissal (B)</p> Signup and view all the answers

According to Law 10/2021, what minimum proportion of the working day must be performed remotely within a 3-month reference period for it to be considered regular distance work?

<p>30% (B)</p> Signup and view all the answers

Which of the following is NOT a mandatory minimum requirement to include in a remote working agreement?

<p>Employee's personal goals. (C)</p> Signup and view all the answers

What is the maximum duration of a temporary contract due to unforeseeable production circumstances?

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

What is the maximum duration of a temporary contract by substitution when the employee is covering for a selection or promotion process?

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

Which type of contract does not necessarily create a labor relationship?

<p>Internship agreement (D)</p> Signup and view all the answers

According to the content provided, which of the following is NOT a criteria for a hand-over contract?

<p>The employee must have been with the company for at least 10 years (D)</p> Signup and view all the answers

Regarding indefinite contracts, which of the following statements is correct?

<p>They are considered the default type of contract unless proven otherwise. (D)</p> Signup and view all the answers

Which is the mandatory condition for the intern to be registered with Social Security (SS)?

<p>From 1/1/2024 (B)</p> Signup and view all the answers

A temporary contract can be used to cover for an employee who has a reserved right to their job. In this case, what is the maximum duration for this employee's contract?

<p>The duration is linked to the reserved right. (C)</p> Signup and view all the answers

What is the maximum number of hours a worker is allowed to work in a single day according to the regulations?

<p>9 hours (D)</p> Signup and view all the answers

Which of the following groups is explicitly prohibited from working night shifts?

<p>All of the above (D)</p> Signup and view all the answers

What is the minimum rest period mandated for workers over the age of 18 after a continuous working day exceeding 6 hours?

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

How are the normal working hours affected for workers under 18 years old in terms of their daily work duration?

<p>They cannot exceed 6 hours per day. (B)</p> Signup and view all the answers

What is the stipulated weekly rest requirement for workers in regards to uninterrupted days off?

<p>2 uninterrupted days (D)</p> Signup and view all the answers

Which type of contract allows for work activity to be performed intermittently over time?

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

What is required of a company when a permanent construction contract ends?

<p>They should offer another job or training for a new role. (A)</p> Signup and view all the answers

What defines a part-time contract after the 2022 reform?

<p>Working fewer hours than a specified full-time amount. (A)</p> Signup and view all the answers

Which category does NOT have an indefinite contract option mentioned in the provided content?

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

What happens if no other job is available after the end of a permanent construction contract?

<p>The employment will end, but benefits will still apply. (D)</p> Signup and view all the answers

Which of the following best describes the indefinite contract for family home workers?

<p>It is a contract designed for long-term employment in personal care. (D)</p> Signup and view all the answers

Which of the following groups is eligible for indefinite contracts as stated?

<p>Disabled individuals (C)</p> Signup and view all the answers

What is one key aspect of permanent discontinuous contracts?

<p>There is a lack of consistent work activity. (A)</p> Signup and view all the answers

In what scenario will an indefinite contract for socially excluded individuals typically be offered?

<p>To assist those lacking access to employment opportunities. (A)</p> Signup and view all the answers

What is the significance of a Collective Bargaining Agreement (CBA) in determining working conditions?

<p>It provides guidelines for comparing working conditions when there is no other reference. (B)</p> Signup and view all the answers

Which claim about part-time contracts is true after the 2022 labor reform?

<p>Part-time does not mean half of full-time in terms of hours worked. (C)</p> Signup and view all the answers

What must happen for additional hours worked by part-time employees to be considered legal?

<p>They must be mentioned in writing by the employer and worker. (D)</p> Signup and view all the answers

Which situation exemplifies the principle of proportionality in labor rights?

<p>Overtime pay is calculated based on the hours actually worked. (A)</p> Signup and view all the answers

What is the timeframe within which a company must notify a worker of a change from a temporary to an indefinite contract?

<p>Within 10 days of the transition being effective. (C)</p> Signup and view all the answers

Which of the following conditions must be met for workers to receive overtime pay?

<p>Overtime occurs when additional hours exceed the allowed amount. (B)</p> Signup and view all the answers

What is true about the employer's obligation regarding notifying part-time workers of additional hours?

<p>Employers are required to give at least 3 days’ notice for additional hours. (A)</p> Signup and view all the answers

What distinguishes the principle of equality from the principle of proportionality?

<p>Principle of equality ensures equal rights regardless of hours worked, unlike proportionality. (D)</p> Signup and view all the answers

Which of the following statements best describes the limitation on part-time workers regarding overtime?

<p>Part-time workers cannot perform overtime as per their contract conditions. (A)</p> Signup and view all the answers

What must be considered when determining the salary of part-time workers?

<p>It is based on the principle of proportionality according to hours worked. (C)</p> Signup and view all the answers

Flashcards

Notice in employment contracts

Time period an employer must inform the employee (or vice versa) about an event affecting their employment, such as termination, changes in conditions, dismissal, or resignation.

Collective dismissal

A collective dismissal affects a group of employees due to economic, technical, organizational or similar reasons.

Objective dismissal

Dismissal based on employee's personal reasons, like poor performance, misconduct, or lack of qualifications.

Dismissal for force majeure

Dismissal due to an unplanned event, like natural disaster or unexpected closure.

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Training contracts

Training contracts for students to gain practical skills, often involving alternating between school and work.

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Temporary contracts

A contract for a temporary period, typically due to specific reasons like filling a temporary position.

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Indefinite contracts

An employment contract with no fixed end date, meaning it continues until either party decides to terminate it.

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Remote Work Agreement

A work agreement where the employee works from a location other than the employer's office for at least 30% of the working days in a 3-month period.

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Remote Working Agreement Content

A written agreement outlining the terms of remote working, covering aspects like equipment, expenses, working hours, and data protection.

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Temporary Contract (Unforeseen Production)

A temporary contract lasting a maximum of 6 to 12 months, used for production needs that are unforeseen.

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Temporary Contract (Foreseeable Production)

A temporary contract lasting a maximum of 90 days in a calendar year, used for production needs that are predictable.

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Temporary Contract (Substitution)

A temporary contract to substitute for an employee who is temporarily absent, covering their job duties.

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Temporary Contract (Selection/Promotion)

A temporary contract used to cover a job during a selection or promotion process, lasting a maximum of 3 months.

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Internship Agreement

An agreement between an organization and an intern, where the intern gains practical experience, and may receive compensation.

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Hand-over Contract

A contract for part-time work linked to partial retirement, allowing someone to transition gradually.

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Permanent Discontinuous Contract

A type of employment contract where work is performed intermittently throughout the year, with periods of inactivity.

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Indefinite Contract for Family Home Workers

A contract for individuals who work from home, offering them stability and legal recognition.

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Indefinite Contracts for Disabled Individuals

A contract specifically designed for disabled individuals, ensuring employment opportunities and equal treatment.

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Indefinite Contracts in Special Employment Centers

A contract providing stable employment opportunities for individuals working in special employment centers.

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Indefinite Contracts for Socially Excluded Individuals

A contract intended to integrate socially excluded individuals into the workforce, providing them with stable work and support.

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Indefinite Contracts for Individuals Over 52 Years Old

A contract offering long-term employment opportunities for individuals aged 52 years or older.

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Indefinite Contracts for Victims of Gender Violence

A contract providing legal protection and support for victims of gender violence, helping them reintegrate into the workforce.

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Permanent Construction Contract

A type of contract specifically designed for construction-related work, offering job security and training opportunities.

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Part-time Contract

An employment contract where the employee works fewer hours than a standard full-time employee.

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Part-time Contract Comparison

A part-time contract compares the employee's working hours to a standard full-time employee in the same role.

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Ordinary working hours

The total number of hours a worker is employed and paid for, including time dedicated to training and working for multiple employers. It must be distributed evenly across the week.

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Working Time Limitation

A legal requirement where workers are obligated to complete a fixed number of hours per week and be available to their employer during those hours.

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Breaks during the working day

A period of time designated for rest and recovery that is compulsory for workers who work longer than a specific number of hours during a continuous workday. The minimum duration depends on the worker's age, with longer durations required for younger workers.

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Cumulative Weekly Rest

A minimum period of rest required for workers, typically totaling 1 and a half days every two weeks, to ensure adequate recovery and prevent burnout.

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Night work prohibitions

A legal prohibition preventing minors, pregnant and breastfeeding women, and workers with specific contracts from working during the nighttime hours (between 10 PM and 6 AM). This regulation helps protect vulnerable groups from potential health risks associated with night work.

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Weekly Working Hours

The total number of hours worked by an employee in a week, taking into account both regular and additional hours.

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Additional Hours

Hours worked by a part-time employee over and above their regular contracted hours. These are allowed only if the worker works more than 10 hours per week on an annual basis, and only if the company and worker agree in writing.

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Full-Time Contract

A work agreement where the employee works a specific number of hours per week, typically 40 hours or more.

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Split Working Day

A work arrangement that allows an employee to work a fixed number of hours per day but split those hours into two separate shifts with a break in between.

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Principle of Equality

A principle ensuring that part-time employees have the same rights and benefits as full-time employees, regardless of working hours.

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Principle of Proportionality

A principle where payment, vacation time, and other benefits are calculated proportionally to the number of hours worked by an employee.

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Collective Bargaining Agreement (CBA)

A formal agreement between a company and its employees, outlining working conditions, wages, benefits, and other employment-related matters.

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Conversion of Temporary Contract to Indefinite Contract

A work arrangement where a temporary contract automatically converts to an indefinite contract after a certain period or specific conditions are met.

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Study Notes

Employment Contracts

  • Principle of reasonableness: Employers and employees must act fairly, rationally, and justifiably, considering the circumstances. This balances rights and obligations.
  • Workers statute (Art 1): Applies to workers who voluntarily provide paid services for another person (employer/entrepreneur). Scope includes organization and management.
  • Elements of an employment contract:
    • Voluntary undertaking of services by the employee.
    • Subordination/dependency relationship between employee and employer.
    • Services performed on behalf of another (employer).
    • Remuneration received by the employee.
  • Parties involved:
    • Worker: Subject of contract, staff member, possibly union affiliated, and protected by relevant statutes.
    • Employer: Physical or legal person receiving services; can also include agencies.

Nature of Employment Contracts

  • Standard: Rulings are under labor laws and collective bargaining agreements (CBAs).
  • Exchange: Economic advantages for both employer and employee (profit/salary).
  • Onerous: Economic gains for both parties.
  • Consensual: Agreement needs consent from both sides.
  • Probation period: A period allowing termination by either party without penalty or compensation.
    • Maximum duration (absent CBA): 6 months (qualified technicians), 2 months (other workers).
    • Fewer than 25 workers: Max 3 months for non-technicians.
    • Temporary contracts: Max 6 months, with max 1 month notice unless otherwise stated in the CBA.
  • Notice periods: Time periods for notifying the other party of contract changes (termination, dismissal, etc.).
  • Collective dismissal: 15 days' notice.
  • Disciplinary dismissal: 15 days' notice.
  • Force majeure: No notice is required.

Temporary Contracts

  • Types (Art. 15 WS):
    • Due to production circumstances: Unforeseeable (max 6-12 months), foreseeable (max 90 days).
    • Substitution: Replacing an employee with a reserved job, or to reduce a working day.
    • Covering: Temporary coverage during staff selection or promotion processes (max 3 months).
  • Training contracts (Art. 11 WS):
    • Age between 16-30.
    • No overtime, shifts, or night work.
    • No probation period.
    • Maximum 2 years. Length of 3 months minimum.

Internship agreements

  • Doesn't establish a work relationship.
  • May or may not be paid.

Hand-over contracts

  • Linked to partial retirement (part-time).
  • Worked full-time in last 6 years.
  • Minimum age of 63.

Indefinite Contracts

  • Duration is not bounded by a time limit in the service provision.
  • Various types:
    • Full time, part-time, permanent discontinuous contracts, indefinite contracts for family home workers and disabled individuals, indefinite contracts for employment centers, individuals over 52 years old, and victims of gender violence.

Permanent Discontinuous Contracts

  • Intermittent work. No constant work throughout the year period (Jan-Dec).

Part-time Contracts (after 2022 Reform)

  • Working hours are less than full-time, defined by company or CBA.
  • Additional hours are possible, limited to 30% of ordinary working hours, max 60%.

Working Day

  • Essential: Limits work performance to a set number of hours for legal/health reasons.
  • Purpose: Protect employee health.
  • Duration: 40 hours per week (average), maximum 9 hours per day unless other agreements or contracts stipulate otherwise.
  • Breaks: At least 12-hour breaks between workdays (unless exceptional).

Other topics:

  • Night Time work (Art. 34.1 WS): Between 22:00 and 6:00 (minimum 8 hrs.), with provisions differing for younger employees/ minors.
  • Overtime: Time worked beyond the set maximum hours within a period, depending on whether involuntary or voluntary.
  • Vacations: Minimum 30 days, determined individually or collectively.
  • Public holidays: Paid and non-recoverable.
  • Salary: Total compensation in wages or in kind (max 30% total pay should be in kind).
  • Minimum Interprofessional Wage: Regulated annually considering factors like consumer pricing and output.

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