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UNIT 3 .- INTRODUCTION TO LABOR LAW.

1.FUENTES LABOR LAW.
The law, custom and general legal principle, says Labor Law exists in an autonomous source, whose development rests with the social partners, to whom the law themselves, through some representatives who would the law recognizes such jurisdiction.

1.1LA CONSTITUTION AS A SOURCE OF LABOR LAW.
The current Spanish Constitution (1978), collects employment rights of nature, and a series of economic and social principles. This is what is often called the employment content of the Constitution. Among the fundamental rights in point was the strike and the freedom of association. But there are other, not specifically labor, which must be equally respected under the employment contract. These are rights such as equality of treatment with a ban on discrimination, privacy or the right of assembly.
The constitution also contains other rights and freedoms of fundamental labor: the case of the right to work, to free choice of profession or trade, to adequate remuneration, collective bargaining and to take collective action, the principle of free enterprise in a market economy and the right to economic freedom.
Among the economic and social principles include the commitment of public authorities to seek full employment, promote vocational training, to ensure their comfort, safety and health at work and Social Security benefits, and enhance the stake in the company.
Not all of these rights and principles are the same level of protection. In a way enjoyed absolute priority and the employee who believes that you are not respected may claim guardianship court. The other rights, freedom and public commitments need to be developed by ordinary standards, and only then be required to fully respect the company and the courts.

1.2LAS INTERNATIONAL LABOR LAW.

- INTERNATIONAL LABOR ORGANIZATION (ILO): International Convention there, all these international standards are applied in Spain as if they were nationals once signed or approved the international convention, is published in the Gazette.
Since 1919 when it was created, the ILO has adopted over a hundred more agreements on several issues: child labor, duration of working time, health and safety, holidays, freedom of association, collective bargaining, equal treatment.
- EU LEGISLATION: It consists of:
oel original Community law: consisting of three treaties, the Treaty of Paris, the European Community and Euratom. In the Treaty of Rome that institutionalizes the European Community is full, as amended, the Treaty on European Union signed in Maastricht on 7-2-92, which thus becomes one of the sources of Community law. This has been amended by the Treaty of Amsterdam.
Ö Agreements
Ö regulations
oLas directives.
oLas Decisions
oLas Recommendations.
Ö opinions.

1.3FUENTES STATE AND OTHER SOURCES.

The law: There are two types of laws, ordinary and functional.
- Ordinary: It's approved by the Parliament for approval requires a simple majority (half plus one of the Members present.
- Organic: It regulates the basic rights and civil liberties, requires for its approval an absolute majority (half plus one of the assembly members on the camera.

1.4NORMAS PROFESSIONALS: THE COLLECTIVE AGREEMENT.

Statutory: he recognizes regulatory efficiency and overall effectiveness. Requires all employers and employees included within its scope regardless of whether they are members or not the organizations signing the pact.
Extraestatutarios: the parties are not subject to the requirements set by the ET for collective bargaining. He is recognized limited efficiency, which means that only apply to certain employers and employees, workers and businessmen affiliated to trade unions and employers pactantes.

1.5USOS AND LOCAL AND PROFESSIONAL COSTRUMBRES.

The Workers' Charter mentioned as sources of labor law to local customs and professionals.

2.LA HIERARCHY POLICY AND HIERARCHICAL MANAGEMENT PRINCIPLES IN WORKING ORDER.

The hierarchy is:
1.Constitución.
Community 2.Normativa.
3.Tratados and International Agreements.
4.Leyes, organic and ordinary.
5.Normas emanating from the executive power with the force of law
6.Reglamentos.
7.Convenios groups.
8.Contrato work
9.Costumbre.
It is very stiff, as if the lower standard range contains better conditions for workers, not because it is thought that goes against the hierarchy of rules: accept.

2.1PRINCIPIO S OF APPLICATION AND THE RANKINGS WORK.

Top of more favorable rule: Applies the rule is more favorable as a whole and annual figure for the workers.
The principle of inalienability of rights: the transaction is prohibited or waiver of the rights recognized in rulings favorable to workers.
Top of the most beneficial condition: the employee may retain their acquired rights.
Prooperario Principle: where as it is not clear what the labor standard under ordinary interpretative criteria, prevailing interpretation most favorable to the worker.

LABOR ADMINISTRATION 3.LA.

It consists of specialized bodies of the Ministry of Labor and Social Affairs, the Ministries or departments of Labor of the Autonomous Communities. Labor Administration has a double structure. On one side is the Ministry of Labor and Social Affairs, otherwise, the Ministries of Labor of the Autonomous Communities is organized territorially through the Provincial and the Provincial Offices.
They have the registration of unions and business associations, to be signed, authorized work permits and records of crisis, conduct training programs, favors the encounter between supply and demand for labor through public services eg employment, resolve conflicts and, on However, seeing that labor standards, including collective agreements are met effectively for, otherwise, to punish those responsible for such violations.
The Labor Inspectorate is integrated organically into the General State Administration. A functional level depends on the General State Administration and of each CA.
Its central task is to monitor compliance with labor regulations, but also develop an advisory role in labor matters to businesses and workers.
The Labor Inspectorate is a public service that are attributed iguálenme powers of advice and, where appropriate, arbitration, mediation, conciliation, technical assistance and report to courts or administrative.

SOCIAL 4.LA JURISDICTION.

It is the responsibility of protecting labor rights:
Social Courts: have a territorial area normally coincides with that of each province. Its head is a judge who is who knows what first individual disputes, conflicts in social security and collective disputes, provided that in the latter case, the area of conflict is limited to the province.
Social Chamber of the Superior Courts of Justice, there are in each Autonomous Community and whose territory sticks to the Community concerned. Resolve labor disputes or when the area exceeds that of a Social Court and does not exceed that of the Autonomous Community. It also resolves appealed against the ruling Social Courts.
Social Chamber of the Audiencia Nacional: With competition throughout the country and based in Madrid. Solve the processes that affect: freedom of association, collective agreement conflicts and, when they affect more than a territorial scope of an autonomous community.
Social Chamber of the Supreme Court: based in Madrid and Court in Spain.
Finally, should anyone consider that the appellant's fundamental rights have been infringed, it is possible, after exhausting the ordinary judicial process has been described, to go to the Constitutional Court through a special action called for defense.

UNIT 5 .- THE EMPLOYMENT CONTRACT.

1.CONCEPTO AND CHARACTERISTICS OF EMPLOYMENT CONTRACT.

1.1CONCEPTO.

The employment contract is an agreement between employer and employee whereby the employee agrees to serve as an employee and under the power for the employer, in return for remuneration.

1.2CARACTERÍSTICAS.

- Voluntariness: The contract must be decided through a free agreement between the employer and employee. This agreement is personal, the worker can not be replaced in the employment relationship.
- Persons: All that is produced is of the person.
- Organizational Unit under the power for the employer: the employer has the power to give orders, but limited to the manner, time and place of work.
- Compensation: The employer must provide the employee a salary in return for the work done.
If any of these features is not provided, we could not speak of the existence of employment contract and could not tell that there is employment.

2.The ELEMENTS OF EMPLOYMENT CONTRACT.

2.1CONSENTIMIENTO.

This consent would be freely given agreement between employer and employee.

2.2OBJETO.

The contract work is the subject upon which rests the will of the parties, ie the benefits to be exchanged by the employee and the employer. In this sense the worker gives his work and get wages for it, while the employer receives the employee's work and dedication and their wages for it.
2.3CAUSA.

It would be the will of the employer and worker share work and pay serving a purpose.
3.The SUBJECT OF THE CONTRACT WORK.

3.1EL WORKER.

Workers are regarded as those who provide services to an employer so: voluntary, employed, paid and under the power of management and organization of the employer.
To be a worker must meet:
- Capacity to act: it consists in the possibility of individuals to exercise for himself the rights and obligations of which he owns. Obtained with the age of majority or emancipation. Children under 18 years and over 16 employees but would be limited capacity to act, as required authorization from the parent or guardian. Once granted such authorization may freely exercise the rights and obligations under the contract.
All children under 16 can not work, except if it was in public performances, in which case they would need authorization from the labor authority, authorization is granted only in exceptional cases, in writing for specific circumstances and if not compromise: the child's physical health. The professional and personal development of children.
- Legal capacity: is the abstract possibility of being with rights and obligations. Individuals acquire it at birth. It must be said that there are some causes of legal incapacity are. Illness or physical or mental defects that prevent the person governing itself.
Rights and obligations:
- Rights: Work and free choice of profession or trade, free association, collective bargaining, adoption of collective action, strikes, meetings, participation in the company. Labor law: effective occupation, promotion and training at work, non-discrimination to physical integrity and proper health and safety policy, to remuneration collected it. At risk prevention: health protection, information, consultation and participation, training, regular monitoring of health, ability to cope with serious and imminent danger.
- Duties: Job duties: compliance with specific obligations of the job in good faith and diligence, subject to the power of management and organization of the employer, not satisfied with the activity of the company, contributing to improved productivity, few are Working under the agreement. Risk prevention duties: to observe health and safety measures are taken, correct and appropriate use of resources, duty to provide information which it considers situations endangering the health and safety, duty to cooperate with the employer, compliance obligations determined by the competent authority, to ensure their safety and that of those around him.

ENTREPRENEUR 3.2EL.

Meaning: They are entrepreneurs all natural or legal persons, public or private, jointly-owned temporary employment or receiving services workers.
Can individuals become entrepreneurs and the entrepreneur as a legal person:
- If a natural person: it must be an adult or emancipated minor, have free disposal of assets, such as having no disability or that his goods are in the judicial process.
- If legal person: must have legal capacity and capacity to exercise these capabilities are obtained by a company at the time of its creation, by registration in the Commercial Register.
Types of employer:
a) Sole trader: a natural person with legal capacity, which carries on its own behalf or through representatives and regularly engaged in commercial, industrial or professional, there is no difference between your business and personal assets. Taxed through income tax.
b) Legal persons or companies: they can be partnership (one or more partners with limited liability), limited partnership (industry partners and labor), corporation (60,000 €), limited partnership (3,005 €), a company limited by shares , corporation and limited labor (workers who are partners and bring their work), social mutual guarantee (joined several companies to provide assurance on the banks), cooperative (no commercial nature and is non-fight), communities of goods (shown when the ownership of a thing or right belongs without being able to divide various), temporary employment (the activity is to make available to a user enterprise, with temporary workers hired by it).
Rights and obligations:
- Rights: the power of direction, is the faculty that has the employer to provide, arrange and organize work (give orders and instructions, organize your work, changing working conditions, monitoring and controlling the work, the state of illness or accident by the worker). Disciplinary power, punish the employee for misconduct. Violations and penalties are set out in labor standards. There are a number of sanctions that are prohibited by the ET (reduction of holidays, rest and reduction of wage deductions). Right to require the worker compliance with the obligations relating to their jobs in good faith and diligence, and finally, the right to require the worker compliance with safety regulations and occupational health.
- Obligations: incumbency duty, duty to protect safety and health and reporting obligations.

EXCLUDED 4.TRABAJO labor law.

- Public officials: State service personnel, autonomous region or local corporations. We could talk about their employer, since they are neither physical nor legal persons, therefore not be considered work and be regulated by the Civil Service Statute, as well as other administrative rules and statutes.
- Mandatory personal benefits (million): the basic feature of the employment contract would not appear in this case would be voluntary in the absence of the free and voluntary consent of one party.
- Directors or members of the Governing Body: not fulfill the requirement of reliance, nor that of others, but rather could speak of a business relationship.
- Work done by way of friendship, kindness and good neighborhood: it is considered that such services are non profit making and there is no pay for these services.
- Work relatives: spouses are considered family members, descendants and other relatives by blood or marriage to second degree, provided they live with the employer.
- People involved in commercial transactions. Whenever these transactions are on behalf of one or more employers and that person assumes the risk of the operation.
- Transport services: provided that the carrier owns the commercial vehicle and the case of persons providing transport services under administrative approval and are holders of such authorization.
-Work done on their own.

SPECIAL CHARACTER WORK 5.RELACIONES.

Here it is a fulfillment of four basic characteristics of the employment relationship and therefore it could speak of employment as such. But have a few quirks and characteristics that make it necessary specific regulation.
a) senior management staff: exercise powers proper to the legal ownership of the company alos on the same general objectives, with full autonomy and full responsibility. Relationship trust is governed by the agreement of the parties, the written contract, probationary period not exceeding 9 months, on termination 3 months
b) Service of the household: a person who provides services for remuneration within the scope of the household chores with consideration of a dependency and on behalf of the owner of a family home. Probationary period of 15 days, pay less than the Minimum Professional Wage, 40-hour day, does not require a written contract,
c) Convicts in penitentiary institutions: develop a job in the production workshops in prisons. Its purpose is to prepare for future job placement when the inmate access to freedom.
d) professional sports: professional athletes hold federal license to engage in sport as an employee within the scope of organizing a sports entity in exchange for remuneration.
e) artists in public performances.
f) Representatives of trade.
g) Disabled persons providing services in special employment centers.
h) Port Stevedores
i) persons detained
j) Resident Physicians.

6.ASPECTOS CORE EMPLOYMENT CONTRACT.

6.1FORMA.

The employment contract may be concluded in writing or orally. In this sense there is the principle of freedom of form, by which the parties may choose the form of employment contract. Must necessarily be written the following contracts: in practice, for training, work or service, set, part time, fixed and hand-over, at home, time-bound, and those recruited in Spain but for work outside of here.
Also when either party is required or a particular provision.
6.2DURACIÓN

- Indefinite employment contract: the parties know the start of the service but do not know the end.
- Fixed-term contract: the parties know the start and end the relationship. They can be, fixed-term training or relay.

TRIAL PERIOD 6.3EL

Form: can voluntarily agree a trial period, is voluntary and not binding on the parties of the employment contract, should be agreed upon, it must be in writing.
Purpose: The purpose is for the parties to know each other.
Duration: be stipulated by the Collective Agreement.
oIn companies with 25 or more workers: 6 months for qualified technicians and 2 months for the rest.
omen than 25 employees: 6 months for qualified technicians and 3 months for the rest.
oContrato in practice: 2 months for graduates with higher degrees and 1 for the middle level.
senior management ode: 9 months
or services from home: 15 days.
oDeportistas professionals: 3 months
oArtistas: contract 2 months 5 days, 6 months contract 10 days and 15 days rest.
Effects: The worker has the same rights and obligations as if the template, except for those arising from the resolution of employment if the worker is over the contract period will result in full effect, if not exceed what the employer has to say in writing.

6.4LA Workshop.

Can be weekly or daily basis.

6.5EL REST.

Daily rest: be at least 12 hours.
Weekly closing: aged 18 to 36 hours and can accumulate up to 14 days. Under 18 at least 48 hours in length.
During the day: over 18 years and who work more than 6 hours will have rights to 15 minutes. Children are entitled to 30 minutes.

OVERTIME 6.6LAS.

Hours force majeure: would be those necessary to prevent or repair damage claims or other extraordinary or urgent.
Hours structural and are subject to further limit are voluntary implementation by the worker.
The maximum overtime is 80 per year for full-time workers do not compute the force majeure and the rest compensated.
They can not do overtime, people under 18 years, night workers and disabled people in special employment centers

6.7LAS HOLIDAYS.

Compensation is forbidden. This fixed the Collective Agreement or where the employment contract and may not be less than 30 calendar days per year worked.
The setting will be by agreement between the employee and the employer, taking into account the collective agreement.

LABOR PARTY 6.8LAS.

They paid and non-recoverable nature and maximum number is 14.
National: may be mandatory, should enjoy the day to fall and not be transferred to the Autonomous Communities and National regulated by the Ministry of Labor, can be moved to Monday and transferred to the Autonomous Communities.
Autonomous: Autonomous communities may set their national holidays.
Local: would be specific to each locality and are more than 2 per year.

Paid leave 6.9LOS.

Marriage: 15 calendar days.
Birth, illness, hospitalization or serious injury or death of a family through second grade: 2 days if no displacement and 4 if any.
Transfer of usual residence: 1 day
Enforcement of duty of public and personal: I pointed out in the Collective Agreement, but if you see a deduction of compensation is salary.
Functions trade union or staff representation: according to the provisions of the Convention or the Et.
Breastfeeding less than 9 months: one hour away from work with the possibility of splitting into two half-hour fractions.
Caring for children or other relatives: they would be entitled to a reduction in working hours with a corresponding reduction in pay.
Children born prematurely or who must remain hospitalized after the birth: are entitled to be absent from work for an hour or reduce their working hours up to two hours.
Permits to attend exam.
Displacement of population other than their place of residence are entitled to a permit at least 4 days for stays at home for every 3months s displacement.
During the period of notice of redundancy target
Permit antepartum tests and knowledge.

6.10EL shift work.

Work is considered to shift the organizational form of teamwork, implying that the worker is required to provide services at different times over a period of days or weeks.
In those companies with continuous processes, any employee, except voluntary membership can remain more than 2 consecutive weeks on night shift.

ITEM 5: TYPES OF CONTRACT.

1.CONTRATOS TRAINING.
1.1.CONTRATOS IN PRACTICE:
a. Purpose: Its purpose is to facilitate the acquisition of professional practice appropriate to the level of school completed by workers with university degrees or vocational training or higher level or equivalent qualifications recognized officially, that enable them to practice.
b. Requirements of workers:
-Have any of the following qualifications:
· University Graduate, Engineer, Architect.
· Graduate University, Technical Engineer, Technical Architect.
· Technical or Vocational Technical High.
· Other qualifications officially recognized as equivalent to the above.
"I have been more than four years after the completion of relevant studies or the recognition of studies in Spain, having obtained the degree abroad, or six years if the contract is drawn up with a disabled worker.
c. Requirements workplace: The workplace must allow for the procurement of professional practice appropriate to the level of studies.
d. Duration of contract:
"It may be less than six months nor exceed two years.
"If the contract is concluded for a period less than the maximum established, the parties may agree to two extensions, except as otherwise provided in agreements, without the total duration of the contract may exceed the above maximum. The duration of each extension shall not be less than the minimum legal contract or agreement (6 months).
- No worker may be employed in practice in the same or a different company for longer than two years under the same degree.
"They presume contracts of indefinite duration contracts in practice have not been observed when the demands of written formalization, unless shown otherwise stating its temporary nature. In the case of part-time practice the lack of written form shall determine that the contract is deemed concluded at full-facie evidence that proves the part-time nature of the services.
- Acquire the status of permanent workers that probationary employees had not been discharged from Social Security, after a period equal to that legally could have been fixed for the trial period, unless the very nature of activities or services contract are clearly recorded the time duration thereof.
- Suspension of probationary contracts under the grounds provided for in Articles 45 and 46 of the Workers' Statute will not involve the extension of its duration, unless the contrary.
e. Probation:
"This depends on the degree of the worker and a maximum, subject to mutual agreement, shall be:
· A month for graduates in high school.
· Two months for graduates of higher degree.
f. Week: Full time or part time.
g. Minimum Workers Compensation: Will be fixed in the collective agreement for workers in practice, without, in their absence, may be less than 60 or 75 by 100 during the first or second year of the contract, respectively , the fixed wage agreement for a worker doing the same or equivalent job.
Those amounts may not be in any case less than minimum wage.
h. Formalization of the contract:
-You must be formalized in writing, expressly stating the qualifications of the worker, the duration of the contract and the job or jobs to play during practice. Also, the employer shall communicate the substance of the contract and its extensions to the appropriate Public Employment Service, within ten business days following its conclusion.
-The employer may request in writing before entering into the contract certification for Public Employment Service, which recorded how long the worker has been engaged in practice before its recruitment to perform.
"The Public Employment Service will have a period for ten days to issue the certificate. After answering the same without the employer is relieved of liability that may arise.
-Delivery to the legal representatives of workers, if any, of a basic copy of the contract within ten days.
i. Certification of practices: Upon termination of the contract the employer must provide the employee a certificate stating the duration of the internship, the job or jobs performed and the main tasks performed in each of them.
j.Otras features:
"The experience contracts concluded with disabled workers are entitled to a reduction of 50 per 100 in the employer's contribution to social security for common contingencies. This will only occur when the experience contract concluded with a disabled worker is full time.
"If once the contract the worker continues in the enterprise, they may negotiate a new probationary period, computed the length of the training for the purposes of seniority in the company.
1.2.CONTRATO TRAINING:
a. Objective: It aims to acquire the theoretical and practical training necessary for the proper performance of an office or employment.
b. Requirements of workers:
-Be over 16 years and not be 21. Not apply the age limit when the contract is agreed with unemployed included in any of the following groups:
? Handicapped.
? Foreign workers in the first two years of validity of his work permit, except that credited the training and experience necessary to perform the job.
? Those who carry more than three years without work activity.
? Those who are in a situation of social exclusion.
? The joining as student-workers at the workshop-school programs, holiday crafts and employment workshops.
? Not having the qualifications required to perform an internship in the office or workplace concerned.
? Not having played before the job for which they are enlisted in the same company for a period exceeding 12 months.
? Not having the maximum established for contracts of apprenticeship or training in a previous working relationship in the same or a different company.
"If the worker had had a prior engagement with learning, less than two years, he may contract for training exclusively for the time remaining to complete the set maximum.
"The age limit is 24 years if the contract is agreed with unemployed joining as student-workers to school programs and holiday crafts workshop.
"The age limit does not apply when the contract is agreed with unemployed joining as student-workers to employment programs and workshops dealing with persons with disabilities.
c. Maximum number of contracts for the company: By collective agreement does not exist, it may, depending on the size of the workforce, the maximum number of contracts to make and the jobs under this contract. As shown in the following table:


No. of workers in downtown trabajoN. Most contracts for formaciónHasta 5 workers 6 to 10 employees 11 to 25 employees 26 to 40 workers 41 to 50 employees From 51 to 100 employees from 101 to 250 workers From 251 to 500 employees Over 500 trabajadores1 2 3 4 5 8 10 or 8 100 of the template 20 or 6 per 100 of the template 30 or 4 per 100 of the template
d. Duration of contract:
"It may be less than six months nor more than two years, in no case be less than six months nor more than four years if the contract is a contract with a disabled person.
"When the contract was concluded for a period less than the maximum established, the parties may agree to two extensions, unless otherwise specified in the agreements. In any case the duration of each extension may be less than the minimum legal contract or agreement (6 months).
"They presume contracts of indefinite duration contracts for training when they had not observed the requirements of formalization written, unless shown otherwise stating its temporary nature.
-Acquire the status of permanent employees for training workers who had not been discharged from Social Security, after a period equal to that legally could have been fixed for the trial period, unless the nature of activities or services contract are clearly recorded the time duration thereof.
"The training contract shall be considered a common or ordinary when the employer fails to comply fully with its obligations concerning theoretical training.
"The suspension of contracts for training under the grounds provided for in Articles 45 and 46 of the Workers' Statute will not involve the extension of its duration, unless the contrary.
d. Day: established full time.
e. Characteristics of the workplace: The practical training will be developed to be done under the supervision of the employer or a worker with the appropriate professional qualifications or experience. Each tutor will be assigned no more than three contract workers for training unless it is determined a different number of collective agreements.
f. Compensation: The remuneration of the employee hired for the training is fixed in the collective agreement, without which, alternatively, may be less than the minimum wage in proportion to the actual working time.
g. Theoretical:
"The theoretical training contracts for the training will consist of the theoretical content of the training modules of the professional certificates of occupancy related to the office or workplace provided by the contract.
"The time devoted to theoretical training, to be conducted only outside the workplace and within working hours, without, in any case not be less than 15 by day 100 of the maximum specified in the collective agreement or, alternatively, the statutory maximum working day.
h. Certificate of training: the employer must issue a certificate stating the duration of the theoretical and the level of practical training received. Similarly, the center where this is theoretical training shall issue certificate stating the assigned training content and degree of achievement.
i. Formalization of the contract:
"Employers must fill in all cases, the data for training center
"The content of the contract and extensions thereof, if any, shall be reported to the appropriate Public Employment Service, within ten business days following its conclusion. The employer is obliged to report the termination of contracts within ten days of termination.
-The employer may request in writing before entering into the contract, certification of the Public Employment Service in order to indicate how long the worker has been engaged in learning and training prior to recruitment to be carried out and have not exhausted the maximum period of training with a previous contract.
"The employer shall provide the legal representatives of workers with basic copy of the contract within ten days. Also the extensions will be notified of such contracts, as well as denunciation thereof.
-The contract for the training must be formalized in writing, expressly stating in the same occupational level, occupation or job for which is entered, the time devoted to theoretical training and time distribution, the duration of the contract and the name and qualifications of the person appointed as guardian. The changes that occur on these elements must also be formalized in writing.


2.CONTRATOS fixed term.
2.1.CONTRATO FOR CONDUCTING A specific work or service:
a. Objective: It is that which is arranged to perform a task or performing a service, independently and substantively within the company's business performance of which, though limited in time, is in principle of uncertain duration.
b. Duration:
"If exceeds one year, to proceed with the termination of the contract requires 15 days notice prior to the completion of the work or service. If you fail to comply by the employer, there is an obligation to compensate for the equivalent of wages for the time limit.
"If the actual duration of these contracts is less than seven days, the employer contribution to Social Security for common contingencies will increase by 36 100.
"It becomes indefinite unless shown otherwise stating the temporary nature of the service:
? For lack of written form.
? For lack of high social security if they had passed within less than probation.
? If you come to the end there had been no complaint of any party and will actively continue the performance of work.
"It is presumed those held indefinitely in fraud of law.
c. Week: Full time or part time.
d. execution of the contract: in writing and must specify and identify sufficiently precisely and clearly the nature of recruitment and the work or service for which you contracted. The employer shall communicate the substance of the contract within ten working days of its conclusion in the appropriate Public Employment Service.
e. Indemnification: Upon termination of the contract, the employee is entitled to receive compensation amount equivalent to the proportionate share of the amount to be paid eight days' wages for each year of service, or established, if necessary, in the specific regulation that applies.
2.2.CONTRATOS POSSIBLE BY CINCUNSTANCIAS OF PRODUCTION:
a. Purpose: This contract has the purpose to meet the situational demands of the market, or excessive accumulation of work orders, even for normal activity of the company. For collective agreement may determine the activities that can be hired temporary workers, and to establish general criteria for the proper relationship between the volume of this type of contract and the company's total workforce.
b. Duration:
-Maximum of six months within a twelve month period. For state sector collective agreement or, failing that, by sectoral collective agreement lower level, an adjustment in the maximum duration of these contracts and the period within which to perform. In that case, collective agreements may not provide a reference period exceeding eighteen months or a maximum contract duration exceeds three-quarters of the reference period established by law or agreement or a maximum of twelve months.
"If any contract is agreed for a period less than the maximum established, may be extended by agreement of the parties once, without the total duration exceeds the maximum.
"If the actual duration of these contracts is less than seven days, the employer contribution to Social Security for common contingencies will increase by 36 100.
"This contract becomes indefinite unless shown otherwise stating the temporary nature of the service:
? For lack of written form.
? For lack of high social security if they had passed within less than probation.
? If you come to the end, work continues by the performance of work.
? The contracts in fraud of law.
c. Week: Full time or part time.
d. execution of the contract: In writing, if it takes more than four weeks, or be concluded for part-time, explaining the reasons or circumstances warrant it and duration. The employer shall communicate the substance of the contract for public employment service within 10 working days following its conclusion. Equally, it must notify the extension is agreed, if necessary.
e. Indemnification: Upon termination of the contract, the employee is entitled to receive compensation amount equivalent to the proportionate share of the amount to be paid eight days' wages for each year of service, or established, if necessary, in the specific regulation that applies.
2.3.CONTRATO interim:
a. Objective: aims to replace a worker entitled to reserve job, by rule, collective or individual agreement, or to temporarily cover a job during recruitment or promotion process, for coverage Ultimately, and to replace workers on training for workers receiving unemployment benefits.
b. Duration:
"As long as the right of the worker replaced the reserve job, or the duration of the promotion selection process or for final coverage of the job, provided that in the latter case can not exceed three months. In the selection processes of public administrations, the duration will coincide with the estimated time for completion of these processes.
He extinguished by the reinstatement of the worker replaced, by the deadline established by law or agreement to incorporate, for the extinction of the cause which led to the reservation of the job, for over three-month period established for recruitment or promotion or resulting from application in cases of contracts by public administrations.
No prior notice, unless otherwise agreed.
"It becomes indefinite:
? If once produced the ground provided for termination of the contract had not been made expressly denounced any of the parties and continuing with the performance of work.
? For lack of written form.
? For lack of high social security if they had passed within less than probation.
In these cases, unless the contrary stating the temporary nature of the benefit.
? The contract made in fraud of law.
c. Day:
"The interim agreement is to be held full-time except in two instances:
? When the substituted employee was hired part time or are temporarily cover a job as final cover is to be conducted part-time.
? When the contract is to supplement the short-time workers who exercise the rights recognized in premature childbirth or who for whatever reason, to remain hospitalized after the birth, as well as legal guardian for the direct care of a minor 6 years or a physical or mental decline, or the direct care of a relative to the second degree of consanguinity or affinity due to age, accident or illness can not fend for itself, or in such other cases where, in accordance with law or agreement, has agreed to a temporary reduction of the worker replaced the day, including cases in which the part-time worker is entitled to maternity leave, adoption or foster care, pre-adoptive or permanent.
d. execution of the contract: in writing, specifying the nature of recruitment, job development, work replaced and the reason for the replacement, indicating whether the job will be to play the replaced worker or another worker company passing the post of one. It should also identify, where appropriate, the job as permanent coverage will occur after the selection process for external or internal promotion.
The employer shall communicate the substance of the contract for public employment service, within ten business days following its conclusion.
e. Incentives:
2.4.CONTRATO INSERTION:
a. Objective: is on the one hand, the acquisition of work experience, and secondly, to facilitate the improvement of employment to the unemployed.
b. Other Information:
"It should be noted that one of the main features is the temporary nature of these contracts are concluded for a period of time, and always between administration or nonprofit entity and an unemployed to carry out services of general interest or social.
-Good to know, that workers hired under this procedure can not repeat their participation until three years.
"Besides, we must take into account that the wages of these workers will be agreed by both parties, but may be less than the applicable collective agreement.
3.CONTRATO OF TIME WORK.
a. Objective: The employment contract shall be concluded at a time when it has agreed to provide services for a number of hours per day, week, month or a year less than the working day-time workers completely comparable.
b. Requirements of workers: any worker.
c. Duration:
"For an indefinite period or for a definite period in those cases where such possibility is foreseen in the relevant standard. If the effective duration of these contracts is less than seven days, the employer contribution to Social Security for common contingencies will increase by 36 100.
"The part-time contract shall be concluded for an indefinite period as is agreed to perform work within the fixed and periodic normal volume of business activity.
"It allowed part-time holding the following types of fixed-term contracts:
· Contracting for performing a specific task or service.
· Hiring by market circumstances, or excess accumulation of work orders.
· Hiring replacement workers for the job reservation. Whenever the worker's day was replaced with part-time, supplement the short-time contract workers with the same reduction by exercise of the right recognized in Article 37, paragraphs 4 and 5 of the Statute of Workers, or under as provided by law or agreement has been agreed a temporary reduction of the substituted employee time and, when part-time worker is entitled to maternity leave, adoption or foster care, pre-adoptive or permanent, and finally if the job order temporal coverage were to have a permanent part-time coverage.
? Contracts in practice.
? Relief contract.
"It is not possible to hold part-time contracts for the training and the type of contract in advance of the retirement age as a means of promoting employment.
d. Day:
- Distribution of the day: The day's work in part-time work may be carried out continuously or batch. When part-time contracts entail the implementation of a working day less than that of full-time workers and this is undertaken on a game, only made possible as a single break in the workday, unless otherwise provided by Convention Collective sector or, alternatively, lower level.
- Overtime:
The part-time workers shall not work overtime, except to prevent or repair damage claims and other extraordinary and urgent.
- Overtime: We may agree on the complementary hours between employer and employee.
e. Formation of contract:
"By writing on the official form provided, which shall contain the number of ordinary hours of work per day, week, month or year contract and distribution. If not followed these requirements, the contract is deemed concluded at full-facie evidence attesting to the partial nature of the services.
-Communication of the contents of the contract and the extensions thereof if any, to the appropriate Public Employment Service within ten working days of its conclusion, where a copy shall be deposited, attaching a copy signed by the same basic legal representatives if any.
-Delivery to the legal representatives of a basic copy of the contract within ten days. Also be notified in the same term extensions of those contracts, as well as complaints from them.
f. Other features:
"The part-time workers who are not receiving cash benefits for unemployment, may voluntarily subscribe to the competent institution a" Special Agreement "Social Security.
"The part-time contract concluded with the worker replaced by reason of" a relief contract "with reductions of between 25 and 85 per 100 of working hours and salary, is compatible with the pension part of the Social Security awarded to the employee.
"The part-time workers have the same rights as full-time workers.
"Collective agreements provide for measures to facilitate effective access to part-time workers to vocational continuing to promote its progression and professional mobility.
"In the event that the part-time contract is concluded for a fixed or temporary, to the completion thereof, the worker is entitled to receive compensation, the amount equivalentea the proportion of the amount payable would be eight days' wages for each year of service, or established, if necessary, in the specific regulation that applies.
SPECIAL 4.CASOS Part-time contracts.
PART TIME 4.1.JUBILACIÓN.
a. Objective: Are those contracts where the agreement of the parties, it operates a reduction of working hours and salary, from a minimum of 30% and a maximum of 77% (and does not apply this limit ) for the worker to access the situation of partial retirement.
b. Requirements:
"They can be hired under this modality, the employees who fulfill the conditions to cause the retirement pension, except age, which must be less than 5 years than that required.
"This contract can only be adopted by the company to simultaneously enter into a contract to complete relief, at least the time vacated by the retiring part.
"It means arranged for a period of time equal to the remainder of the worker to reach the age specified in general terms in the relevant scheme of Social Security to qualify for the standard retirement pension, at which time the agreement will terminate.
c. Formalization of the contract: be made in writing on the official form and shall contain necessarily the nature and duration of recruitment and the number and distribution of hours per day, week, month or year during which the employee will supply their work. Due to its corresponding record in the Employment Office within 10 days after its conclusion.
d. Duration: At least one year.


4.2.CONTRATO RELIEF:
a. Objective: It has been concluded that an unemployed worker or had entered into with the company a fixed-term contract for a worker to replace some of the company that accesses the retirement pension in part, because perceived simultaneously with the completion of a part-time work in the same company.
b. Duration:
"The contract will be indefinite or equal to the time remaining to reach the worker replaced the retirement age. If, on reaching that age, the partially retired worker continues in the company, the relief contract has been concluded for a definite period may be extended by agreement of the parties on an annual, dying in any case when the period of the year in occurs the worker's total retirement relieved.
"In the case of partially retired employee after reaching retirement age, the duration of the relief which may hold the company to replace the part-time vacated by the same may be indefinite or annually. In the latter case, the contract is automatically renewed on an annual, dying in the manner described above.
c. Day: You can place full-time or part time. In any case, the length of time must be at least equal to the reduction of working hours agreed upon by the worker replaced, which must be between 25 and 85 per 100. The working hours of relief worker may complete the replaced worker or simultaneously with it.
d. Job: The job of relief worker may be the same as or similar worker replaced, meaning the performance of work under the same professional group or equivalent.
e. Obligations of the company:
"If during the term of the contract over the occurrence of the termination of the worker hired, the company should replace it within fifteen days for other unemployed.
"If the retired employee was fired partly inappropriately before reaching retirement age and not proceed with their readmission, the company should replace it with another unemployed person or extending the duration of the contract worker's day respite.
-If not, the company must pay to the management body the amount of partial retirement benefit accrued from the time of dismissal or unfair dismissal.
f. Formalization of the contract:
"By writing on the official form.
"Communication to the Public Employment Service of the contents of the contract within ten working days of its conclusion, accompanied by a basic copy of it signed by the workers' legal representatives if any.
-Delivery to the legal representatives of the employees of a basic copy of the contract, within ten days.

g. Indemnification: Upon termination of the contract, if it had been formalized as of 4 March 2001, the employee is entitled to receive compensation amount equivalent to the proportionate share of the amount to be paid wages for eight days each year of service, or established, if necessary, in the specific regulation that applies.
4.3.CONTRATO fixed-continuous:
a. Objective: Contract to be formalized by a number of hours per day, week, month or a year less than 77% of full-time day, considered as usual activity in question, these periods time. Can be concluded as indefinite or fixed duration.
b. Characteristics:
"The worker provides services to the company with a day less than usual, and receives a salary paid proportionately less.
"This type includes the so-called fixed-discontinuous contracts and contracts where the pacta reduced working hours and salary of between 30% and 77% following the completion of a contract to provide for retirement relief worker.
c. Duration: The contract can be arranged for an indefinite period or for a fixed term contract in suppositional practices for specific work or service, casual circumstances of production and temporary replacement, but can not be done in contracts for training.
d. Advantages:
"The benefits that this contract is given if initially formalized as permanent part-time contract (including fixed-discontinuous) or if it is transformed from temporary to indefinite.
"In the first case (initial part-time contract indefinite) there is a rebate of the employer contribution to Social Security for common contingencies for the young unemployed under 30 years to a maximum of 24 months after the contract, 20% for the first two years of contract.
"In the second case, temporal processing (practical or relief) to permanent, part-time or full entitlement to a bonus of 20% of the share for social security for common contingencies over the next two years.
"The worker's pay is proportional to the hours actually worked, and the basis of Social Security contributions and other contributions to recapture conjunction with this.
e. Other features: The contract must be formalized in writing on the official form, and should confirm whether the contract is indefinite or fixed term, with the number of normal working hours and their distribution schedule, including days in which the employee serves.

INDEFINITE 5.CONTRATO.
5.1.CONTRATO BUILDING WORK permanent contracts.
a. Purpose: Its purpose is to facilitate stable placement of unemployed workers and employees under temporary contracts.
b. Requirements:
-Unemployed registered with the Employment Bureau who attends one of the following conditions:
? Youth from 16 to 30 years inclusive.
? When hiring unemployed women to serve in professions or occupations with lower rates of female employment.
? Workers over 45 years of age.
? Unemployed who carried at least six months continuously registered as job seekers.
? Disabled workers.
-Workers in the timing of the new contract to promote permanent contracts, were employed in the same enterprise through a fixed-term contract or temporary basis, including training contracts.
c. Formalization of the contract: The contract is concluded for an indefinite period and be made in writing, the model is established.
d. Requirements of companies:
"You can not conclude the contract for building the permanent recruitment company in the six months before the contract had engaged in employment contracts extinctions due to objective reasons declared inadmissible by a court or had carried out a collective redundancy . In both cases, the limitation apply only to the coverage of those jobs in the same professional category or group affected by the termination or dismissal and for the same school or workplace.
- It will take into account this limitation in cases of collective dismissal, when the realization of these "contracts of indefinite hiring building 'has been agreed with employee representatives in the consultation period provided for in the processing of Record Employment Regulation.
e. Characteristics of recruitment and incentives:
-The status of the contract and the rights and obligations resulting therefrom shall be governed, in general, by the provisions of the Act and collective agreements for contracts of indefinite duration.
"When the contract is terminated due to objective reasons and the extinction is declared inadmissible, the amount of compensation shall be thirty-three days' wages per year of service, prorated by month periods less than one year and up to twenty-four months.


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