The individual labor contract is the link between two or several people which are obligated to execute a job, or to give a service, to one or several employers, institutions, entities or communities of any kind, under the dependence of these and for a salary, art 20 labor code.
The individual labor contract is a very important tool in the labor right, and as an important tool it can not be ignored, because through it the employer and the employee get reciprocal obligations, the employee is got to give a service under the subordination of the employer, and the employer has to pay a salary.
It is common that employers don’t give the importance to elaborate this document, and sometimes for the lack of it even pretend that the relation between employer and employee never existed, however the Individual labor contract, is helpful as much for the employee as it is for the employer, it protects the rights of the employee and it protects the employer if the employee wants to abuse of the protection that the law provides; it sets the rules and the borders of the relation, all the rights and the obligations of both parts no less no more.
Not to elaborate the contract doesn’t mean that it doesn’t exist, if there is a working schedule, subordination for more than two consecutive days, then we have an individual labor contract.
Article 20 labor code, the existences of the individual labor contract shall be presumed, for the fact that a person gives services to another for more than two consecutive days. Once the subordination is proved, also the contract shall be presumed, even though the services given were for less time.
Explaining about some of the most important prohibitions for the employers, There are companies with the bad habit of requiring the employees to buy articles produced by the own companies, with the excuse that is necessary for the job.
The first prohibition is to require the workers to buy any kind of articles or products in any place or to anyone, no matter if it is cash or with credit.
It is a typical situation that before elections, the employers start saying that if they want to keep working determined political party must win the elections, trying to have political and religious influence in the employees is the third prohibition.
The fourth and fifth prohibition are about the right of the employee to belong to an union, it is prohibited for the employer to influence in the right of professional association, as it is prohibited to discriminate employees for belonging to an union.
It is prohibited to pay the salary with anything different to the legal currency, it is the ninth prohibition.
Finally in the fourteenth prohibition the code forbids about asking for HIV exam to the people who are applying for a job as a hiring requirement or when they are already working, and the fifteenth prohibition says that it is prohibited to discriminate the employees with HIV/AIDS or to make their condition public.
It is important for employers to elaborate, respect and to make respect the individual labor contract, it is very important for the labor right and it makes the relationships between employers and employees easier and fairer.