What are the data that should always be considered in an employment contract and why?
If we presume that the written agreement is required only for fixed-term contracts, the minimum elements that will have to be considered are: (i) who is the worker, (ii) who is the employer, (iii) the reason why this is a fixed-term contract, rather than a contract for an indefinite period, (iv) how that reason matches the different types of fixed-term contract that the law allows and, in such cases, what will be the duration of the fixed-term contract, (v) the post to be filled, although under certain conditions this can be reported very widely, and (vi) the pay.
What if the employee never signed a contract of employment at the company where he works? Would you advise that the employees demand to sign a contract?
What ensures that the employee is a beneficiary of all rights under the labor law is not the written contract, but primarily his inclusion on the payroll. The absence of a written contract, under the law, creates the presumption that the employee is hired for an indefinite period (permanent employee).
For a worker with a permanent link, the essential elements of the contract (written or unwritten) are: (a) who is the employer, (b) who is the worker, (c) what is the job, and (d) what is the remuneration. These four elements appear in the spreadsheet, and the receipt received by the worker.
The written agreement, then, is only useful when there are different agreements or conditions additional to the essential elements just listed. Hence most stable workers have not signed a contract, but simply show up on the payroll.
Therefore, it is not necessary that the worker demands a written contract, but it is advisable to verify his inclusion on the payroll of the company.
How long does the company have to register employment contracts in the Ministry of Labor? What happens when they are out of date?
The fixed-term and part-time contracts must be submitted to the Ministry of Labor within 15 days after their conclusion. The late submission simply generates a fee slightly higher relative to the normal.
The indefinite contracts do not need to be submitted to the Ministry of Labor.
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