Dismissal and the verbal contract
Posted: Wed Dec 18, 2024 7:01 am
In the workplace, employment contracts are essential for establishing the conditions and rights of workers. What is the legal form for making an employment contract? Is the verbal form permitted?
According to the Workers' Statute in Spain, Article 8 establishes that the employment contract can be concluded either verbally or in writing . This means that, in principle, a verbal employment contract can be considered legally valid . However, it is important to note that verbal employment contracts can present risks for both employees and employers.
One of the main difficulties with verbal employment contracts is the lack of documented shareholder database evidence of the agreed terms and conditions. In the event of a dispute or conflict, it can be difficult to prove the exact agreements made verbally, which can lead to disagreements and difficulties in enforcing workers' rights.
For this reason, it is strongly recommended that employment contracts be put in writing . This provides a clear record of the agreed terms, including the length of the contract, remuneration, working hours and any other relevant conditions. It is important to note that some types of contracts, such as temporary or part-time contracts, must necessarily be put in writing under the law.
Although it is possible to make a verbal employment contract, it is best to formalize it in writing to avoid possible misunderstandings and future conflicts.
Written documentation provides greater security and protection for both employees and employers, allowing for a clear record of the rights and obligations of both parties. While verbal contracts are legally valid, having a written employment contract is a best practice to ensure a transparent employment relationship and avoid legal issues in the future.
Remember the saying: words are carried away by the wind.
If you are fired and have a verbal contract, the situation can become complicated from a legal and evidentiary standpoint . Without a written document supporting the terms and conditions of your employment, it can be more difficult to prove the specific details of your employment relationship and your rights.
In the event of termination, it is important to seek legal advice immediately to determine your options and rights. Even if you do not have a written contract, the law protects workers regardless of the form in which the contract was established. Some of the rights include:
Compensation for unfair dismissal: If the dismissal is considered unfair under Spanish law, you may be entitled to compensation, which varies depending on your seniority in the company.
Outstanding wages: You are entitled to receive wages for hours worked up to the date of termination, including any unpaid overtime.
Unemployment benefits : If you meet the requirements, you may be eligible to apply for unemployment benefits, even if you have been dismissed without a written contract.
The difference from a written contract is that in this case, it is essential to gather any type of evidence/ proof that supports your employment relationship and the dismissal. This may include testimonies from coworkers, emails, text messages, bank statements or other documents that demonstrate your connection with the company and the verbally agreed working conditions.
According to the Workers' Statute in Spain, Article 8 establishes that the employment contract can be concluded either verbally or in writing . This means that, in principle, a verbal employment contract can be considered legally valid . However, it is important to note that verbal employment contracts can present risks for both employees and employers.
One of the main difficulties with verbal employment contracts is the lack of documented shareholder database evidence of the agreed terms and conditions. In the event of a dispute or conflict, it can be difficult to prove the exact agreements made verbally, which can lead to disagreements and difficulties in enforcing workers' rights.
For this reason, it is strongly recommended that employment contracts be put in writing . This provides a clear record of the agreed terms, including the length of the contract, remuneration, working hours and any other relevant conditions. It is important to note that some types of contracts, such as temporary or part-time contracts, must necessarily be put in writing under the law.
Although it is possible to make a verbal employment contract, it is best to formalize it in writing to avoid possible misunderstandings and future conflicts.
Written documentation provides greater security and protection for both employees and employers, allowing for a clear record of the rights and obligations of both parties. While verbal contracts are legally valid, having a written employment contract is a best practice to ensure a transparent employment relationship and avoid legal issues in the future.
Remember the saying: words are carried away by the wind.
If you are fired and have a verbal contract, the situation can become complicated from a legal and evidentiary standpoint . Without a written document supporting the terms and conditions of your employment, it can be more difficult to prove the specific details of your employment relationship and your rights.
In the event of termination, it is important to seek legal advice immediately to determine your options and rights. Even if you do not have a written contract, the law protects workers regardless of the form in which the contract was established. Some of the rights include:
Compensation for unfair dismissal: If the dismissal is considered unfair under Spanish law, you may be entitled to compensation, which varies depending on your seniority in the company.
Outstanding wages: You are entitled to receive wages for hours worked up to the date of termination, including any unpaid overtime.
Unemployment benefits : If you meet the requirements, you may be eligible to apply for unemployment benefits, even if you have been dismissed without a written contract.
The difference from a written contract is that in this case, it is essential to gather any type of evidence/ proof that supports your employment relationship and the dismissal. This may include testimonies from coworkers, emails, text messages, bank statements or other documents that demonstrate your connection with the company and the verbally agreed working conditions.