How long does a work and service contract last?
A work and service contract is a document that regulates the employment relationship between a company and a liberal professional. It contains the obligations and rights of the parties, as well as the specific conditions for the provision of services. In most cases, the work and service contract is entered into for the performance of specific work and, therefore, has a fixed duration. However, there are also indefinite work and service contracts. Then, in the following OneHOWTO article, we will tell you how long a work and service contract lasts.
What happens with the work and service contracts with the new labor reform?
Work and service contracts are special contracts regulated in article 41 of the Workers' Statute (ET), which are characterized by being fixed-term contracts for the performance of a specific work or service, and which require specific training or ability.
By virtue of article 15.3 of the ET, work or service contracts are those that are formalized for the execution of a specific work or service, whose execution period is determined or determined based on a certain event that has to occur.
The new labor reform has not modified the regulation of work or service contracts, so they will continue to be a valid figure for labor contracts. However, some modifications have been introduced in terms of its processing and notification.
Specifically, the labor reform establishes that the work or service contract must be notified to the worker at least five business days before the start date of the provision of the service.
Likewise, it is established that the maximum duration of the work or service contracts will be three years, extendable for a maximum period of one more year. However, this limitation will not apply to training or internship contracts.
Regarding the processing of work or service contracts, the labor reform establishes that it will be necessary to prove that an exhaustive search for candidates has been carried out among unemployed workers registered in the employment offices, as well as that no been able to cover the job through a part-time employment contract.
Finally, it should be noted that, by virtue of the labor reform, work or service contracts must be subject to periodic evaluation by the company, in order to verify whether the conditions in which they have been entered into are maintained or whether they've changed.
How is the work and service contract?
The work and service contract establishes a labor relationship between the client and the contractor to carry out a work or service, for a specific time and by paying an agreed price. In this type of contract, the contractor agrees to provide the service or execute the agreed work, and the client agrees to pay the agreed price.
The work and service contract can be verbal or written, although it is always advisable to do it in writing to avoid problems in the future. The following information must be specified in it:
- Name and contact details of the contracting parties.
- Description of the service or work to be performed.
- Term of execution of the contract.
- Price and method of payment.
- Penalties in case of non-compliance.
Once the parties have agreed on all the points of the contract, they will sign it and be bound by them. If a problem arises during the execution of the contract, the first thing they should do is try to solve it amicably. If they do not succeed, they will have to go to court so that a judge decides how to resolve the conflict.
How many times can a contract for work or service be extended?
According to Article 47 of the State Procurement Law, it indicates that an extension is an agreement between the parties to modify the term initially agreed in the contract, therefore, if the parties agree, the contract can be extended as many times as necessary. necessary.
However, said Article establishes a limit to the extension of the contract, which is a maximum term of one year, from the end of the initially agreed term.
Thus, if the contract initially has a duration of one year, and it is extended for one more year, the contract may remain in force for up to a total of two years.
Notwithstanding the foregoing, it should be noted that there are exceptions to this one-year limit, such as public works contracts, consulting and technical assistance contracts, and contracts for the provision of specialized services.
In the case of public works contracts, the extension limit is three years, while in consultancy and technical assistance contracts, the limit is two years.
Finally, in contracts for the provision of specialized services, the extension limit is six months.
When do they have to make me fixed?
There are different situations in which you can be hired as a permanent worker. In most cases, it is a full-time employment relationship of an indefinite nature. However, there may also be other circumstances in which a permanent employment relationship is established, even if it is not full-time or indefinite. Below, we detail some of the cases in which a permanent employment relationship can be established.
- By collective agreement: in some collective labor agreements it is established that, once the trial period is over, the worker becomes permanent. However, this is something that you should consult in the agreement of your professional category, since it is not something generalized.
- By judicial decision: if you have been working temporarily in the same company for more than a year, and it has not made you permanent, you can go to court to have your permanent status recognized. However, you should keep in mind that the court will not always agree, and that the process can be long and expensive.
- By administrative decision: in some cases, the administration can force the company to make you fixed. For example, if you have joined a company after an exemption from unemployment contributions, or if you have been on sick leave and, once this is over, the company does not reinstate you to your job.
Work and service contracts have a duration of 4 years, although they can be extended for 2 more years.
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