Does a non written employment contract in progress favour the employer or the employee in Spain?

Does a non written employment contract in progress favour the employer or the employee in Spain?

In general terms it favours the employee since Spain has a strong protection of the worker’s rights and many “over the standard” conditions may apply according to the criterion of Labour Courts to contracts that do not formally define some of the basic conditions, even if the employer thought they were verbally agreed, such as the contract’s term of duration, number of salary payments in a year (12 vs. 14), etc. Our advice to the employer is to always have a written contract that could set those conditions in writing specially the ones that unless legally agreed by both parties have a higher protective level for the employee in case both parties did not state otherwise

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