The keys to what an employment contract should be like
Posted: Sun Dec 15, 2024 7:19 am
We describe the main requirements and formalities that must be taken into account when making a job contract.
Although some employment contracts can be signed verbally, it is advisable in most cases to use the written form.
Employers are obliged to inform employees of certain essential aspects of the contract when it is to last more than four weeks and is not included in a written contract.
The formalization of employment contracts can raise many questions. Some of them concern aspects related to the possible modalities and content of the contract. Others, however, are related to the prerequisites and formalities .
Although entrepreneurs usually focus on how to configure the conditions of an employment relationship, we must not lose sight of the requirements that the regulations antigua and barbuda email list 19714 contact leads establish for its formalization. In this post we explain the main ones.
Who can we hire?
We cannot hire children under the age of sixteen . However, there is one exception: the hiring of children in public shows . Even so, this is an exceptional case that requires the authorization of the labor authority . The permission, which must be in writing, will be granted for specific acts provided that it does not pose a danger to the health or professional and human development of the child under the age of sixteen.
We can hire people over sixteen who are under eighteen . However, in this case we must take into account some considerations:
They are prohibited from working the night shift .
Before they start work or when significant changes are to be made to their working conditions, an assessment must be made of the danger that this may pose to their safety or health.
There are specific regulations that prohibit hiring minors for certain jobs.
They cannot work overtime .
These aspects are very important, since the violation of these rules can be considered very serious, which can lead to sanctions of up to 187,515 euros , especially in cases of forgery.
Who can hire workers?
The law provides that they can hire workers :
Natural persons , such as a self-employed person who hires employees.
Legal entities such as, for example, a commercial company, a foundation, an association, etc.
Communities of property , such as, for example, the case of several self-employed persons who own a material item in common and hire a worker to carry out tasks related to that common item.
What form should the contract take?
As in other areas, the employment contract can generally be concluded orally . However, for reasons of proof, it is usually advisable to draw it up in writing. Furthermore, both the employer and the employee can require that the contract be formalized in writing, even during the course of the employment relationship.
However, the law provides that, even if it is not in writing, it will be presumed that there is an employment contract between anyone who provides a service on behalf of and within the scope of the organization and management of another and the person who receives it in exchange for remuneration to the former .
Although some employment contracts can be signed verbally, it is advisable in most cases to use the written form.
Employers are obliged to inform employees of certain essential aspects of the contract when it is to last more than four weeks and is not included in a written contract.
The formalization of employment contracts can raise many questions. Some of them concern aspects related to the possible modalities and content of the contract. Others, however, are related to the prerequisites and formalities .
Although entrepreneurs usually focus on how to configure the conditions of an employment relationship, we must not lose sight of the requirements that the regulations antigua and barbuda email list 19714 contact leads establish for its formalization. In this post we explain the main ones.
Who can we hire?
We cannot hire children under the age of sixteen . However, there is one exception: the hiring of children in public shows . Even so, this is an exceptional case that requires the authorization of the labor authority . The permission, which must be in writing, will be granted for specific acts provided that it does not pose a danger to the health or professional and human development of the child under the age of sixteen.
We can hire people over sixteen who are under eighteen . However, in this case we must take into account some considerations:
They are prohibited from working the night shift .
Before they start work or when significant changes are to be made to their working conditions, an assessment must be made of the danger that this may pose to their safety or health.
There are specific regulations that prohibit hiring minors for certain jobs.
They cannot work overtime .
These aspects are very important, since the violation of these rules can be considered very serious, which can lead to sanctions of up to 187,515 euros , especially in cases of forgery.
Who can hire workers?
The law provides that they can hire workers :
Natural persons , such as a self-employed person who hires employees.
Legal entities such as, for example, a commercial company, a foundation, an association, etc.
Communities of property , such as, for example, the case of several self-employed persons who own a material item in common and hire a worker to carry out tasks related to that common item.
What form should the contract take?
As in other areas, the employment contract can generally be concluded orally . However, for reasons of proof, it is usually advisable to draw it up in writing. Furthermore, both the employer and the employee can require that the contract be formalized in writing, even during the course of the employment relationship.
However, the law provides that, even if it is not in writing, it will be presumed that there is an employment contract between anyone who provides a service on behalf of and within the scope of the organization and management of another and the person who receives it in exchange for remuneration to the former .