Friday, December 4, 2009

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I have a permanent contract, eventually, for work ... What are my rights? Help


There'm feeling at that account the working conditions, remuneration and the possibility of compensation for each type of contract

variety of contracts

An employment contract, according to Daniel Patricio Jimenez, author of "Human Resources Manual ', is' that pact or agreement between the employee and employer whereby the employee agrees, voluntarily, to the making and delivery of certain services on behalf of the employer and within their organization and management, in exchange for a fee ' . Another recognized expert in the field of human resources, Hans Friedrich, clarifies that the employer's instructions need not be followed "in the case of services requiring punishable, which are harmful to health or indecent or greatly exceed the norm."

the English labor market in a wide variety of employment contracts from the ordinary permanent contracts relay, passing through the interim or training, all with their unique characteristics: 1

. Ordinary permanent contract:

is one that allows the provision of gainful employment for an indefinite period. This type of relationship is that the worker is greater job stability, and provides greater security for their future. Unless the collective agreement says otherwise, the probationary period can not exceed six months for qualified technicians, three months in the case of companies with fewer than 25 workers, and two months for other workers.

What if the company wants to dispense with the worker, or leave the job he wants? In both cases, both the one and another must notify the other party with a minimum of 15 days. Based on the cause of the termination of the contract, the worker is entitled to compensation or not. As for remuneration, shall apply to each other freely Executed employer and employee, with the minimum requirements established by the collective agreement.

2. Part-time contracts:

With this contract, the worker provides services for a certain number of hours per day, week, month or year. The calculation of hours must be less than that determined for the full-time employment in the collective agreement. It is a modality that can be very suitable for people who, for personal or family circumstances, have no possibility of a full-time job.

The contract must include the number of hours of work per day, week, month or a year, and their distribution and concentration time monthly, weekly and daily. The probationary period should not exceed six months for qualified technicians, to three months for workers in firms with fewer than 25 workers, and two months for other workers. The contract may be indefinite or temporary, that is, for a fixed period.

The part-time workers shall not work overtime unless due to force majeure, but may be agreed between employer and employee the complementary hours. In the pact, to be collected the maximum number of additional hours to be performed by the worker, which may not exceed 15% of the time stated in the contract of employment. Collective agreement may be established, however, another percentage but in no case exceed 60%.

Termination of employment contract for an agreed period expires, will entitle the employee to receive compensation amounting to 8 days of salary for each year of the contract, unless the collective agreement is agreed by higher compensation.

3. Training contracts in practice:

The main advantage for the worker who has this type of contract is that it allows gainful employment that provides a professional practice appropriate to their level of education. No worker may be employed in practice in the same or a different company for more than two years, based on the same degree. Must hold a university degree, vocational training or officially recognized degree allowing him to practice, if not been more than four years after collection.

The contract can not be less than six months nor more than two years. Here we take into account the periods in which the employee has been engaged in practice in other companies. Two extensions may be made for a period of at least 6 months each, up to the ceiling of its duration, unless otherwise provided in the agreement.

An important issue that should be clear, is that of retribution. It can never be less than 60% of the wage set in the agreement for employees who perform the same or equivalent job in the first year of the contract (and 75% the second year).

4. Training contract:

Its main objective is that workers get the education and training needed to adequately perform a job, or perform a job that requires a certain level of qualification. Also be devoted to theoretical training of the worker at least 15% of the maximum working under a collective agreement or, failing that, to the maximum legal.

Eligibility for this type of contract over 16 years and under 21 who lack the qualifications required to perform an internship. However, this age limit does not apply in so-called "integration contracts" made with the following groups of workers: unemployed disabled people, foreigners during the first two years of the term of your license; unemployed for longer than three years without work, unemployed people in socially excluded and unemployed who join the workshop school programs, vocational and employment workshops.

The minimum contract duration is six months and not exceeding two years, although the collective agreement may provide for other durations depending on the features of the job or job to perform, and educational requirements of the . However, the minimum duration shall be not less than six months nor more than three years maximum.

5. Contract:

Sometimes businesses need to fill the place of a worker (for low or unpaid) who is entitled to the job, or a certain position for the duration of the selection process. In these circumstances, using the interim contract.

The probationary period should not exceed six months for qualified technicians, three months for workers in firms with fewer than 25 workers, and two months for other workers. The contract will be the duration of the backup right job. In the case of job coverage during periods of selection, the duration of the contract will coincide with the duration of the selection or promotion, with a maximum of three months.

6. The contract for work or service:

is a type of contract which aims to create a work or provide a service whose duration is limited in time, although no one knows with certainty the exact number of days, weeks or can last months.

Collective agreements determine which jobs or tasks, within the normal activity of the company, may be covered by contracts of this nature. The termination of the employment contract will result in these cases to compensation amounting to eight days' pay for each year of service, unless a higher indemnity is determined by collective bargaining.

7. Contract for production circumstances:

Its aim is to meet the situational demands that may occur in a company, such as the accumulation of work or over-ordering. The sector collective agreement usually determines the activities in which they can hire temporary workers.

The most common is that the duration of such contract is a maximum of six months within a period of 12 months from the start of employment. If held for a period less than the legally established, the contract may be extended by mutual agreement once to reach the maximum duration itself. If the worker passed this term to continue providing its services to the Company, the employment relationship becomes indefinite.

Termination of contract will result in compensation in the sum of eight days' pay for each year of service, unless a higher indemnity is determined by collective bargaining.

8. Agreement for the promotion of permanent contracts

This is a contract that aims to facilitate stable placement of unemployed workers, and those who serve on temporary contracts. The contract is indefinite.

The unemployed will be included in any of the following groups:
  • Unemployed women aged between 16 and 45.
  • Unemployed women when they are engaged in service professions or occupations with lower rates of female employment.
  • Unemployed continuously enrolled in the employment office for six or more months.
  • older than 45 years.
  • unemployed recipients of unemployment benefits and allowances, the remaining one year or more of perception at the time of recruitment.
  • Unemployed women registered for twelve or more months in office jobs, who are employed in the 24 months following the date of delivery.
When the contract is terminated due to objective reasons and the dismissal is declared unfair, the amount of compensation shall be payable to the worker will be 33 days of salary per year of service, prorated for the periods shorter than one year to a maximum of 24 months (compared with 45 days' salary per year of work with the limit of 42 months would receive in the same case regular permanent workers)

9. Replacement contract:

The aim of this type of contract is the replacement of employees who access partial retirement. What is meant by partial retirement? One that is requested after 60 and before 65, and is considered compatible with part-time work, linked the existence of a contract of relief provided to an unemployed worker.

In this period the worker will combine replaced the proportional payment of the pension and salary corresponding to their part-time job. This contract may be held full or partial. In any case, the number of working hours must be at least equal to the reduction of time agreed by the worker replaced and, in turn, must be between 30% and 70%. Working hours relieving worker, the worker may supplement or be replaced simultaneously.

It is important to note another point: the worker's job and relieving replaced may be the same or similar, ie involving the performance of work under the same standard or equivalent status.

10. Contract for these workers

is a type of contract that seeks to promote the employment of disabled workers who have a reduced capacity of at least 33%. The worker must be registered in the corresponding record in the employment office.

The trial period not exceeding six months for qualified technicians and for other workers two months in companies with more than 25 workers, and three months in less than 25. The contract is indefinite, full-time.

VIA - consumer.es

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