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What is the maximum duration for a temporary contract when it does not specify a duration in the CBA?
What is the maximum duration for a temporary contract when it does not specify a duration in the CBA?
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?
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?
Which type of dismissal does not require prior notice?
Which type of dismissal does not require prior notice?
What is the required notice period for an objective dismissal?
What is the required notice period for an objective dismissal?
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Which of the following describes a part-time contract?
Which of the following describes a part-time contract?
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If an employment contract does not specify a full-time working day in the CBA, according to which article is this defined?
If an employment contract does not specify a full-time working day in the CBA, according to which article is this defined?
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A company needs to terminate 20 employees due to a significant reduction in their business, what type of dismissal will apply?
A company needs to terminate 20 employees due to a significant reduction in their business, what type of dismissal will apply?
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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?
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?
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Which of the following is NOT a mandatory minimum requirement to include in a remote working agreement?
Which of the following is NOT a mandatory minimum requirement to include in a remote working agreement?
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What is the maximum duration of a temporary contract due to unforeseeable production circumstances?
What is the maximum duration of a temporary contract due to unforeseeable production circumstances?
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What is the maximum duration of a temporary contract by substitution when the employee is covering for a selection or promotion process?
What is the maximum duration of a temporary contract by substitution when the employee is covering for a selection or promotion process?
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Which type of contract does not necessarily create a labor relationship?
Which type of contract does not necessarily create a labor relationship?
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According to the content provided, which of the following is NOT a criteria for a hand-over contract?
According to the content provided, which of the following is NOT a criteria for a hand-over contract?
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Regarding indefinite contracts, which of the following statements is correct?
Regarding indefinite contracts, which of the following statements is correct?
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Which is the mandatory condition for the intern to be registered with Social Security (SS)?
Which is the mandatory condition for the intern to be registered with Social Security (SS)?
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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?
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?
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What is the maximum number of hours a worker is allowed to work in a single day according to the regulations?
What is the maximum number of hours a worker is allowed to work in a single day according to the regulations?
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Which of the following groups is explicitly prohibited from working night shifts?
Which of the following groups is explicitly prohibited from working night shifts?
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What is the minimum rest period mandated for workers over the age of 18 after a continuous working day exceeding 6 hours?
What is the minimum rest period mandated for workers over the age of 18 after a continuous working day exceeding 6 hours?
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How are the normal working hours affected for workers under 18 years old in terms of their daily work duration?
How are the normal working hours affected for workers under 18 years old in terms of their daily work duration?
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What is the stipulated weekly rest requirement for workers in regards to uninterrupted days off?
What is the stipulated weekly rest requirement for workers in regards to uninterrupted days off?
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Which type of contract allows for work activity to be performed intermittently over time?
Which type of contract allows for work activity to be performed intermittently over time?
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What is required of a company when a permanent construction contract ends?
What is required of a company when a permanent construction contract ends?
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What defines a part-time contract after the 2022 reform?
What defines a part-time contract after the 2022 reform?
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Which category does NOT have an indefinite contract option mentioned in the provided content?
Which category does NOT have an indefinite contract option mentioned in the provided content?
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What happens if no other job is available after the end of a permanent construction contract?
What happens if no other job is available after the end of a permanent construction contract?
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Which of the following best describes the indefinite contract for family home workers?
Which of the following best describes the indefinite contract for family home workers?
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Which of the following groups is eligible for indefinite contracts as stated?
Which of the following groups is eligible for indefinite contracts as stated?
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What is one key aspect of permanent discontinuous contracts?
What is one key aspect of permanent discontinuous contracts?
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In what scenario will an indefinite contract for socially excluded individuals typically be offered?
In what scenario will an indefinite contract for socially excluded individuals typically be offered?
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What is the significance of a Collective Bargaining Agreement (CBA) in determining working conditions?
What is the significance of a Collective Bargaining Agreement (CBA) in determining working conditions?
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Which claim about part-time contracts is true after the 2022 labor reform?
Which claim about part-time contracts is true after the 2022 labor reform?
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What must happen for additional hours worked by part-time employees to be considered legal?
What must happen for additional hours worked by part-time employees to be considered legal?
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Which situation exemplifies the principle of proportionality in labor rights?
Which situation exemplifies the principle of proportionality in labor rights?
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What is the timeframe within which a company must notify a worker of a change from a temporary to an indefinite contract?
What is the timeframe within which a company must notify a worker of a change from a temporary to an indefinite contract?
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Which of the following conditions must be met for workers to receive overtime pay?
Which of the following conditions must be met for workers to receive overtime pay?
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What is true about the employer's obligation regarding notifying part-time workers of additional hours?
What is true about the employer's obligation regarding notifying part-time workers of additional hours?
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What distinguishes the principle of equality from the principle of proportionality?
What distinguishes the principle of equality from the principle of proportionality?
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Which of the following statements best describes the limitation on part-time workers regarding overtime?
Which of the following statements best describes the limitation on part-time workers regarding overtime?
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What must be considered when determining the salary of part-time workers?
What must be considered when determining the salary of part-time workers?
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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.
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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.
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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.
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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
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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).
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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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Description
Explore the fundamental principles and elements of employment contracts in this quiz. Understand the roles of employers and employees, the concept of reasonableness in labor relations, and the legislative framework governing these contracts.
