Article 35 of the Spanish Constitution proclaims the right to work, which is the right to job security and therefore permanent contracts. For the temporary contract the employer has to certify that cause. The temporary, regulated in Article 15 of the Statute of Workers, the regulations developed by Royal Decree 2720/1998, is limited to fixed-term scenarios that meet an objective need and the business cycle of the company, the job is his object must be limited in time, requiring a strict correspondence between the timing and nature of work. The normative basis of temporary contracts and establishes the “causality” as a determinant for the legal origin of the contracts awarded for limited duration or temporary, is precisely the gulf between formal cause and the facts relied on characterizing its really what sets the existence of Fraud Act. Be presumed to be indefinite-term contracts entered into in fraud of law. In case of temporary contracts concatenated, sufficient that only one of them has been held in circumvention of the law-though not the last, so that the worker acquires the fixed condition, without being necessary that the worker exceeds the legal maximum time provided for temporary contracts, which in this case, would also become undefined. Eventual contracts “for reasons of production to meet the situational demands of the market, work or excess accumulation of orders”. They are used to cover peak demand with a purely circumstantial. Comes a year and no one knows if they’ll happen, because if they occur cyclically the worker shall have a fixed contract discontinuous. The employment contract must justify their cause and apply a temporary, legal burden of proof borne by the employer, who must prove two things: the cause and temporality. The employer must flee vague expressions in the contract of employment such as orders increase season, given that peak increases in orders are produced and this alone does not justify that, exceptionally, the employer required increased hiring at the moment determined but the place every year on the same dates. In general, if we study the recruitment potential of a company will see that every year at its peak potential hires are made, and probably were intended for the increase of work is every year in the season. Not only hostelry in the Balearic Islands this affects the timing, many businesses, especially in commerce and Nautica are affecting the seasonality and the hospitality at the figure of the batch should be fixed, after that of fixed Figure contract more widespread in the Islands. Given this situation, if the employer does not apply the law of contract by discontinuous fixed contracts and temporary contract employee challenges her, the worker will become indefinite. However it is noteworthy that the legal claims to the large number of fixed-term contracts are formalized in Spain – over 14 million a year, have not been too many proportionally. Paula Vidal Mayrata
Archives
- May 2024
- April 2024
- February 2024
- January 2024
- December 2023
- November 2023
- September 2022
- August 2022
- July 2022
- May 2022
- March 2022
- February 2022
- January 2022
- November 2021
- October 2021
- December 2020
- November 2020
- October 2020
- July 2020
- June 2020
- April 2020
- March 2020
- February 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- August 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- October 2011
- September 2011
- August 2011
- May 2011
- April 2011
- March 2011
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
Pages
Categories
Tags
auto auto and moto beauty business & economy computers construction and repair construction of life education education & career electronics & information technology energy Equipment family fashion & jewellery games garden & home factory government and politics hardware & software health house industry internet internet & multimedia it leisure lifestyle marketing medicine & surgery news news & press lyrics philosophy profession promyshlennoct and equipment psychology services & consulting Software technology the news tips today trade trade fairs & events travel vacation & tourism vocational