After the personal interviews and the selection process come the personnel hiring processes. One of the tasks of the HR department with greater responsibility and that can generate certain doubts.
Because, do you know what is the trial period for each contract? The maximum duration of a training contract? We solve your doubts:
Who can sign an employment contract?
In the personnel hiring processes they can sign:
- The chosen one must be of legal age –18 years or more–
- A person under 18 but legally emancipated
- Those over 16 and under 18 but allowed by their parents or legal guardian.
- And finally, foreigners when their legislation is applicable.
Hiring staff verbally or in writing
Is it mandatory for the personnel hiring document to be in writing? Some contracts can be carried out verbally, but there are others in which it is mandatory to do it in writing.
We refer to the internship contract, training, per work, fixed discontinuous, part-time, employees hired in Spain to provide service to national companies abroad and fixed-term contracts lasting more than four weeks.
Contracts that have been made verbally can be modified whenever the worker and the employer so wish during their contractual relationship.
Probationary periods in the hiring of personnel
The objective of the trial period is to verify that, indeed, the personnel that are going to be incorporated during the personnel hiring processes meet the ideal characteristics for the position offered. This period is not mandatory, but it is usually usual.
- For qualified technicians, the trial period may not exceed six months.
- For the rest, the maximum time is two months.
- The companies with fewer than 25 workers and do not have the category of qualified technicians, their probationary period shall not exceed three months.
- A worker who has already performed specific functions in the company and is hired again to perform those functions, is exempt from the trial period.
Recruitment of personnel: training and internships
- Type of contract in training: the maximum duration of this type of temporary contract is two years. This employee can then be hired indefinitely or the employment relationship terminated.
- Type of internship contract: you must have a university degree, professional training or a certificate of professionalism and that no more than 5 years have passed since the completion of your studies or have had a two-year internship contract.
If the young person meets all these requirements, the employer may only hire him under this modality for a minimum period of 6 months and a maximum of two years.
Duration, renewal or termination of the employment contract
- Duration: If it is indefinite, it will have a start date, but not an end date. On the other hand, if it is temporary, a specific end date can be set or made subject to the end of the work or service for which the worker has been hired.
- Renewal or termination: If the employment relationship continues without any notification from the company in which it communicates its desire to terminate the contract or to extend it, the worker becomes immediately indefinite.
Changes in the ownership of the company
If a corporate subrogation occurs, do the employees maintain the working conditions of their contract?
When there is a change of ownership of a company for the benefit of another, the latter is obliged to keep the workers of the former under the same conditions as they had up to now.
It may happen that, in the negotiation process, the surrogate company agrees with the surrogate that the workers have to adhere to the collective agreement of the new company. In that case, your employment situation would change.
If the company discharges a worker and the next day it discharges him with another employment contract, does he maintain his seniority in the company? The company must prove that there has been a real separation between the worker and the entity and since the period of time is so short, it is usual that it does maintain its seniority.
Hiring staff with disabilities
Is my company obliged to hire a specific number of people with disabilities?
It is true that there is what is known as “reserve quotas” which consists of saving a number of jobs for people in various situations. The law states that:
- If the company – whether public or private – has more than 50 permanent workers, they are obliged to hire at least 2% of workers with functional diversity. The exception is that your collective agreement includes another rule.
- In the case of the Public Administration, the number of places that must be reserved when a public tender is held is 7%.
Can the company hire family members?
The law establishes that a self-employed person cannot hire family members over 45 years of age. Why has this happened?
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