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1.INTRODUCTION.

Any contract governed by the will of the parties involved in it. The state sets the general rules of recruitment, leading to prohibit voluntary agreements if they are against as legislated. Previous
The foundation has been restricted by new contractual categories, characterized by a particular contractual formation mechanisms and the weakening of the consensus between the parties, reaching, in many cases, to override freedom of contract.
Article 35 of the Constitution contains not only the right and duty to work for all English, but the law states that regulate a Workers' Charter. (LET).

2. THE EMPLOYMENT CONTRACT. CONCEPT.

A contract exists from the moment in which one or more persons agree to be bound to give a thing or provide a service.
The agreement establishes a legal relationship between people who have their services paid for others, voluntarily (workers), and the people who remunerated, control and direct (business), constitutes an employment contract.
The employment contract may be made orally or in writing. LT states that some of its forms will be formalized in writing. Failure to observe this requirement, the contract shall be deemed full-time and held indefinitely, unless evidence of the natural temporary or part-time basis, either party may require the contract to be formalized in writing, even during the course of employment.
of the written contract, the employer gives a basic copy to the legal representatives of workers within ten days. They communicate the extension and termination of the contract. This copy does not contain personal identification data of the worker, but if contracts will be signed by the legal representatives of workers in order to prove that there has been delivery. Subsequently sent to the employment office with the contract in the form provided.
For contracts subject to the obligation of records in the INEM, the basic copy shall be forwarded with the contract, employment security office.

3.CARACTERÍSTICAS OF EMPLOYMENT CONTRACT.

a) Bilateral. Binding on both parties: the worker to provide services and the employer to remunerate paid a salary.
b) Consensual. It improves the agreement between the parties.
c) Expensive. Generates patrimonial obligations, there is a fee.
d) Nominee. The Act is appointed under a special name.
e) commutative. This determined the value of the consideration and how it will perform.
f) Standards. From the moment that is subject to legal regulation.

4. SUBJECT OF THE EMPLOYMENT CONTRACT

a) The worker. Individual who voluntarily provides services for others in exchange for payment.
Workers can be hired older people, emancipated or have not been judicially declared incapacitated.
can also be employed under 18 and over 16 years, with consent of parents and guardians. However, they are forbidden to work overtime, night work, dangerous, etc. All children under 16 years can only participate in public events where it is allowed by the labor authority and does not represent any danger to the child. This Written permission must be granted and only for specific circumstances.
Foreigners regulate their relations in Spain with special rules.
b) the employer. It is the natural or legal person that pays, controls and directs the employee, even if it is given by employment agencies.
The ability to be an entrepreneur is the same as the worker must be hired. However, when the person is a minor, unemancipated or incapacitated, you need a legal representative to carry out business activities.

5. FORM OF CONTRACT WORK.

employment contracts be made in writing if so specified by law and necessarily in the following cases:
a) contracts for a specified period that is longer than four weeks.
b) Contracts for training practices.
c) Part-time contracts, fixed-intermittent and relay.
d) Contracts for home work.
e) contracts for performing work or service.
f) Contracts for insertion.
g) Contracts for workers hired in Spain for English companies abroad.

6. CONTENT CONTRACT WORK.

a) The test period. The time during which the worker to prove his worth in the activity that must be hired and can be fired for the same, in the same way the worker is also entitled to terminate the employment relationship without commitment. The maximum duration shall be established in the contract of employment with the limits contained in collective agreements, if aw contemplated in the agreements, their duration may not exceed the following limits:
• Six months for qualified technicians.
• For other workers:
• Two months in companies with 25 or more workers. • Three months
in firms with fewer than 25 employees.

Its establishment is optional and they agree should appear in the written contract.
b) The duration. Is the duration of the contract for an indefinite or fixed period.
c) Content of the work performed. Be determined by agreement of the employer and the employee, and at the professional or paid under the Collective Agreement.
d) The salary and wage guarantees. Is the reward to the worker is entitled. Determined in accordance with the Collective Agreement and the regulations.
e) The work time. Ka regarding working hours, overtime, night work, the weekly rest, holidays, leave, annual leave, etc. The contract will collect all agreed on this with the collective agreements.

7. LABOR DAY

is the time that the worker must devote to work activities. Will be agreed by collective agreement or individual employment contracts, not to exceed the maximum that LT determined. Currently down 40 hours a week. The workday may not exceed nine hours a day, unless stipulated in the collective agreement or individual contract. Workers under 18 years of daily hours will be 8 hours including training. The time distribution may be irregular throughout the year, but must follow the daily and weekly rest established by law
is mandatory between the end of one journey and the beginning of the next half, at least 12 hours.
The annual calendar prepared by the company should be placed in a visible place for all workers.

8. OVERTIME.

shall be considered overtime for all purposes, including Social Security, every hour that takes place on the working day agreed in the contract. Compliance is voluntary, except to be agreed by collective agreement or individual agreement.
must distinguish between:
a) Overtime. The number of overtime hours can not exceed 80 hours per year, not counting for this limit which is offset by breaks in the four months following its implementation.
b) Overtime by force majeure. There is no limit overtime to force majeure and which are mandatory.
c) Compensation. The remuneration for overtime depends on:
: it shall be paid the amount to be fixed, this may not be less than the value of ordinary time.
• They can be offset by equivalent paid rest time.

9. ADDITIONAL HOURS.

additional hours are agreed to part-time contract. Can only be a pact of additional hours in part-time contracts of indefinite duration. Can not exceed 15% of normal working hours. By the Collective Agreement may be increased to 60%, therefore, should be reflected in the wage statement in the documents of social security contributions.
The worker must know the date and time of completion of additional hours with seven days' notice. Regular hours are compensated as and count towards basic Social Security contribution.

10. RULES OF ENGAGEMENT.

1. Fixed-term contract. Establishing a period of time, following which, it is the termination of the employment relationship, unless extended.

a). Contract work or service.
· Object: is contracting for the performance of a work or service, whose duration is uncertain.
· Duration: the time required to carry out work or service.
· Termination: is produced by the will of one party. If it lasts longer than one year should notice with 15 days.
· Form. In writing,
· Conference. Full time or part time.
· Compensation. If the contract was entered into after March 4, 2001 will be eight days of salary per year of service.

b) Contract for production circumstances.
· Object. Is carried out by market circumstances.
· Length: up to six months in a period of twelve months.
° To renew. A single up the implementation of the maximum period if the initial duration is lower. If your life is over one year, should notice to 15 days.
· Form. Orally or in writing if the term is more than 4 weeks.
· Conference. Full time or part time.
· Compensation. If the contract was entered into after March 4, 2001 will be eight days of salary per year of service.

c) Temporary Agreement.
· Object. Is performed to replace a worker who is entitled to book the job, or to fill a job that is subjected to a process of selection.
· Length. To return the replaced worker. In the process of selection or promotion can not exceed three months.
· Extinction is due to the reinstatement of the worker replaced or termination of the selection process.
· Form. In letters sent to the Employment Office the basic copy.
· Conference. A full time except when the worker was hired replaced part-time.
· Compensation. If the contract was entered into after March 4, 2001 will be eight days of salary per year of service.

2. Contract of indefinite duration.

a) Agreement for the promotion of permanent contracts.

Object. Facilitate stable placement of unemployed workers and employees under contract temporary.
Formalization. Writing officially. Collective
affected:
- Young people between 16 and 30, both inclusive.
- Unemployed women to serve in professions or occupations with lower rates of female employment.
- over 45 years.
- registered unemployed six months.
-; Disabled.

incentives for the promotion of permanent contracts.

shall not apply where the matter of recruitment that affect the spouse, ascendants, descendants and relatives by consanguinity or affinity up to the second degree inclusive of the employer.

requirements of the beneficiaries.

Companies that benefit from the aid, must meet the following requirements:
be up to date in fulfilling their tax obligations.
not have been excluded from access to benefits.
not have made unlawful termination of contract or have carried out a collective redundancy.

b) ordinary permanent employment contracts.

3. Job training contracts.

a) The probationary contract
Object. Consists in providing gainful employment to enable the worker to apply and refine their skills.
requirements.
1. Possession of bachelor's degree in Education That qualify for the professional practice within four years immediately following the completion of the relevant studies.
2. Whether to validate the studies, the computation of the period is counted from the date of recognition.
3. the worker is required to give the employer a certified copy of diploma or certificate.
· Length. A minimum of six months and a maximum of two years.
° To renew. May be granted up to two, but each of which may not be less than six months.
· Period of tests. May not exceed one month for graduates of intermediate and two months Degree graduates.
° Pay. Be determined by mutual agreement, failing that, can not be less than:
60% during the first year of the contract
75% during the second year of the contract.