Employment Contracts: Types and Termination in Spain
THE JOB: concept and types
Dismissal is the institution through which the employer unilaterally terminated the contract of employment with the presence of a ground either the objective or discipline. The dismissal is enforceable from the moment of communication by the employer. Against this theory argues that the dismissal is not really effective until judicial confirmation and while we would be in an anomalous situation of suspension of the contract. That theory of the suspension of the contract can not be sustained mainly because many layoffs are not challenged and yet shows its effectiveness and on the other hand, this situation of dependence, relieving the employer of the obligations of social security payment and not fits in our system of law, on the other hand we think that the disciplinary dismissal requires a complete rupture of the link with the inability of the worker can continue working in the company.
The dismissal is divided in Spain, in three forms: disciplinary, dismissal as a sanction, dismissal for objective reasons, when he attends a cause beyond the will of the worker, which implies the impossibility of continuing with the provision, and collective redundancies and are also causal for economic, technical or organizational and should involve a representative of workers.
TRAINING: A) IN PRACTICE YB) for training. The first one you can subscribe graduates or higher degree and vocational training must necessarily conclude the period of four years after completion of titration studies. Its duration can not be less than 6 months nor more than two years, and the trial period is one month for graduates from intermediate and two months for graduates of higher grade. Their pay can not be less than 60% of professional status in the first year of professional pay and 75% during the 2nd year, completed this contract can not make another in the same company as a result. This is a measure of job placement of graduates from the fact noted for the high rate of unemployment in this sector of the population. The second contract is the contract for training, which was concluded for workers between 16 and 24 years and aims to acquire training for the development of a profession or trade, can not be in terms of duration less than 6 months nor more than two years. Their pay is set by collective agreement but may in no case be less than minimum wage, the employer must devote at least 15% of the working day on tasks of training and be issued to the end of the contract a certificate of practical and theoretical training received.
DEATH, DISABILITY AND THE TRABAJADOR.La JUBULACIÓN worker’s death extinguished the employment relationship because there are legal consequences for the employer, unless the performance of any obligation convention agreed in deriving the payment of compensation to the family. This compensation in the event of death, outside the scope of voluntary improvements agreed in the agreement. Sometimes also provides financial assistance to the children of the deceased.It also causes termination of the contract worker’s disability when it is complete for the usual occupation, absolute, and severe disability.
For the purpose of applying it as a cause extinctive disability must take into account the valuation of different levels that exist in our social security system. Permanent non-disabling injuries: compensate moral damage caused by accident or occupational disease. Partial permanent disability:
injury that causes functional anatomical reduction to 3% but has no direct impact on the execution of work, only results in additional penosidad to achieve the same, penosidad not identify with disability.
Total disability for the usual occupation:
the employment contract expires and the working relationship with that particular job, even though the worker is left residual work capacity.
_ Total inability total cancellation of work capacity, has a 100% provision, the contract expires.
Disability, severe disability:
it is absolutely qualified for needing the assistance of a person to perform the essential acts of life. Extinguish the contract. 150% delivery, 50% is to support the expenses of the person helping you.
The retirement also terminated the employment contract, enforcement of legal age and prevents income-generating activities or self. It is possible to extend the age to 70 in paid employment, and at any age in self-employment. However depends on the penosidad or toxicity of the profession, it is possible and is attained earlier retirement ages. We have to consider partial retirement is intrinsically linked to the relief contract, part of the day it loses the retired employee, the plays a new worker. These arrangements are made with partial retirement age to 63 anticipated.
DEATH, DISABILITY AND RETIREMENT OF EMPRESARIOCon the death of the employer, the event in question is the same as for the worker, but the consequences. The sole proprietorships, in case of death or disability retirement, the worker generates for the compensation of one month’s work. If legal entity, the validation of your personality leads us to be in the presence of a collective dismissal of Article 51, compensation for 20 days, 1 year with a maximum of 12 months.