The contracts are a number of agreements will they have the ability to give rise or transmitting a series of obligations and rights of the parties that are part of the same. It is a type of act of a legal nature in which, in addition, two or more people intervene. There are several types of contracts, one of them the employment contract .
A labor contract is a type of agreement that is established in writing between a worker and his employer by means of which the employee offers his services to the person who hires him in exchange for a certain salary amount , agreeing to be directed and controlled. by the employer.
- What is the employment contract for
- Types of employment contract
- Duties of the worker
- Obligations of the company
- Importance of the employment contract
- Sample model
What is the employment contract for
The employment contract serves to establish a series of important agreements between the worker and the employer in which the commitment by the employee to fulfill a series of tasks, functions and responsibilities that are established by the person can be defined in writing. who hires him and for the employer to provide the employee with the assurance that he will receive, in addition to a fair payment for his work, a series of benefits that are defined by the company or by the person who makes the contract.
Among the main characteristics that are found within an employment contract, the following are mentioned:
- It turns out to be one of the most important tools in the workplace .
- They contain a series of conditions that must be followed by the worker while performing their duties at work.
- In it you can find both duties and rights of both parties.
- They must be formalized in writing .
- It can be signed by anyone who has reached the age of majority , in the case of minors, the consent of the parents or guardians will be requested.
- They can become collective or individual .
Types of employment contract
The law establishes that there are four different types of employment contracts that can be used by the employer when hiring an employee. These types of contracts are:
- Indefinite contract : this type of contract does not have a working time limit . It is finalized at the moment in which one of the two parties decides to finalize the agreement, it is then a type of continuous service provision and has the advantage that it can offer various types of bonuses to encourage work.
- Temporary contract : this contract is the one that establishes a certain time limit for the employee. It generally has a maximum duration of three years and can be given as a specific service contract, as a temporary or internal contract.
- Contract training and learning : This type of contract is made for those who are younger than 25 years generally and its main goal is to be able to help the formation of an employee following a work regime that is paid .
- Internship contract : in this case, the contract is extended to people who will be future professionals , in other words, people who have graduated and who need professional training. This type of contract includes the advantage of receiving a salary that is generally 60% of that of permanent employees.
There are several elements that must be integrated into an employment contract, these are the following:
- Identification of the parties : here the personal data of the employee and the employer must be included . Full names, surnames, home address and all the documents that are part of the identification of the people who will be involved in the contract must be placed.
- Dates : This item includes both the start date of the contract as the date of completion , regardless of the duration that will have such a contract.
- Address of the company : it must be included in the contract in order to establish the place where the employee must fulfill all his functions within the company.
- Description of the category : this point includes the description of the professional group to which the employee belongs as well as the job position that the employee will occupy within the company or company. It must be explained in a general way, what this job consists of, it must also establish what the functions of the employee will be as well as their obligations.
- Salary : the initial amount of the employee’s salary must always be included as well as salary supplements , for example, in those cases where the employee is awarded a Christmas, school or other salary.
- Hours : the number of hours that the employee must work must be entered, in other words, the working day is established.
- Benefits : the benefits that the employee can enjoy while working for the employer must also be included, for example, if the employee will have some type of health insurance, if they will be entitled to benefits, etc.
- Vacation : the duration of the employee’s vacation must also be included in an employment contract.
- Deadlines : this aspect includes the time prior to the end of the contract , which must be established and informed by the employer or, if the employee has established a certain time to provide their services, it must also be included at this point.
Duties of the worker
There are several rights that workers acquire at the time of accepting an employment contract. The most important of them are mentioned below.
- Right to have an effective occupation .
- Right to promotion and training within work.
- The right not to be discriminated against , either indirectly or directly . It includes the ability that the employee acquires to be able to have access to a job that is more qualified or better paid.
- Right not to be discriminated against because of their sex , religion , ethnicity , nationality , age, political ideas , convictions , marital status , age or disability .
- Right to maintain physical integrity as well as safety and hygiene at work.
- Right to respect for privacy and dignity .
- Right to receive the remuneration that has been previously agreed.
- The right to exercise so individually for all actions arising from the work.
- Right to attend the courts of justice in case of having to defend your interests and rights.
Obligations of the company
In labor contracts, the company that makes the contract has a series of obligations that it must fulfill once the contract has been signed. These obligations are:
- Provide the worker with Social Security .
- Pay employee wages on time as well as severance pay.
- Provide workers with all the necessary implements so that they can carry out their work .
- Inform the unions about the contract, if it is collective.
- Provide training to workers.
- Comply with all aspects related to safety and the environment in order to avoid and prevent professional risks .
- Give pregnant workers all the benefits established by law .
Importance of the employment contract
The employment contract is very important not only for the person who is going to do the work but also for the person who hires it. It is a mechanism through which the agreements reached between both parties can be documented, as well as all the rights and duties to which the employee will have access and must comply.
An example of an individual contract is as follows:
INDIVIDUAL EMPLOYMENT CONTRACT CELEBRATED BY THE PÉREZ INSITUTE, REPRESENTED IN THIS ACT BY THE GRADUATE ANA MURILLO CORTÉS, WHO WILL HEREIN BE NAMED THE EMPLOYER AND ON THE OTHERWISE, LADY LUISA LEUCINO MORALES WILL BE PART OF THE LADY OF LUISA CASTIVIRO MORALES WORKER TO THE TENOR OF THE FOLLOWING:
A) The WORKER declares:
1.- To have been born on March 25, 1976, to be 44 years old, of Colombian nationality with address located at Calle 13, Avenida 2, San Juan del Norte.
2.- Have the knowledge and experience necessary to provide their services to EL PATRON in the position of TEACHER OF SPANISH .
B) Declares THE EMPLOYER:
1.- To be a Colombian Student Society, constituted according to the laws of the Country.
2.- Have your address at Calle 13, Avenida 2, San Juan del Norte.
3.- Have Education as a Social Purpose.
4.- Desire to use the services of THE WORKER , to carry out the position of TEACHER OF SPANISH and others that are similar to said activity.
* Subsequently, all the clauses of the contract must be placed where all the elements of the contract will be indicated.