The 8 types of employment contract (and its characteristics)
One of the main concerns of the citizens of the different countries of the world is the work and / or the absence of this. Having an occupation is necessary, since it allows us to exercise a social function which at the same time allows us to obtain the necessary resources to provide us with the necessary elements for our subsistence and well-being.
However, the effort and time dedicated to the work activity must be rewarded in some way, requiring an agreement between the person who will work and the person, company or institution that will benefit from this effort.
This agreement is the employment contract. But the agreements that are reached will have different characteristics, depending on the purpose or timing of the contract. It is because of that There are different types of employment contract , that we happened to see throughout this article.
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The employment contract: characteristics
The employment contract is the agreement to which the employee and employer arrive and through which the services and activities to be carried out for the second by the employee are established and formalized, as well as the remuneration that the latter will receive as payment for their services.
Likewise, the rights and obligations are established of each of the parties, as well as the mutual consent of the commercial relationship and the objective of said relationship.
Other aspects to consider and that should be clearly reflected in the contract are its duration, the existence or absence of a trial period , the commitment and the need for prior notice in case of wanting to terminate the agreement before the agreed period, the consequences of non-compliance by any of the parties and any other agreement reached in the contracting process.
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Types of contract
By virtue of the characteristics that we have seen, it is possible to establish different types of contract . In Spain, until a few years ago we had a total of 42 types of work contracts.
However, in December 2013 the number of contract types was reduced to a total of four basic types, which we will detail below.
1. Indefinite contract
It is a type of contract that It is established without a temporal limitation with regard to the period of realization of the service . In other words, this type of contract does not stipulate an end date. It supposes the existence of stability on the part of the employee, and in case the employer decides to terminate the employment relationship, he must compensate the aforementioned.
This type of contract can be done only verbally in some cases, although it can always be demanded (and in fact it is advisable) to formalize it in writing.
In turn, indefinite hiring involves a series of advantages not only for the employee but also for the employer, to be able to benefit from various types of help or tax deductions depending on the type of worker hired. For example people with disabilities, entrepreneurs, young people, groups at risk of social exclusion, over 52 years old or ex-convicts will see different clauses specific to their condition.
Keep in mind that except in the cases of subtypes of interim contract, training or relay, will be passed to this type of contract if they exceed two years of commercial activity with the same company.
2. Temporary contract
The temporary contract involves a pact between employer and employee in which the provision of services is stipulated during a specific period of time .
In general, all of them must be made in writing , although some of them may under specific circumstances be performed orally. The trial periods will vary depending on the stipulated hiring time. For the most part, extensions are allowed. Within this type of contracts we can find several subtypes, among which the following stand out:
3. By work or service
This type of contract is used in work relationships that are known to have a specific beginning and end, although the end date is uncertain and it is limited to the completion of a certain service.
4. Eventual
This type of contract, which should last at most six months, It is one of the most common today . In principle, this contract is used at a time when a company or employer needs temporary assistance due to unforeseen circumstances in which more workers than usual are required.
5. Interim
The interim contract is one whose main objective is the coverage or replacement of a temporary vacancy.The duration of the contract covers the time of absence of the worker or vacancy to replace. It is usually done before the request and grant of work absences to employees , vacations of these or while a selection process is underway to fill the vacancy.
6. Relief
This type of contract is used in situations where it is necessary to substitute a person within a company for a certain period of time, which has a reduction in working hours due to partial retirement . In this way, the contract is made to cover the part of the working day corresponding to the one that the substituted worker stops exercising.
7. Training and learning
This type of contract should only be used with individuals between sixteen and thirty years of age (up to twenty-five if the unemployment rate falls below 15%).
Its main function is that of allow an alternation between work and training , with what is intended to increase the labor insertion at the same time that the necessary training is granted that allows to exercise properly. As a maximum they can last up to three years, after which it is possible (although not mandatory) to enter the template indefinitely. The remuneration must not be less than the minimum interprofessional salary, being agreed by agreement.
8. Internship contract
In a similar way to the training and learning contract, the internship contract is carried out under the pretension of improve the qualification and professional competence of the employee in order to exercise efficiently. It is linked to a specific training, offering experience in the sector while allowing a better understanding of the training content. The remuneration is set by agreement, without it being possible that it is less than 75% of what a worker would receive in the same position.
