Things to Consider Before Signing a Hiring Contract


Once a selection process is over, it's time to sign the employment contract, at which time we often have many doubts.

What procedures do I have to do before signing the hiring contract?

1. Have the Social Security membership number. If it's the first time you go to work, you need to get your Social Security membership number, since the company will need it to process your discharge. You can get it in two ways:

- If you don't have a digital certificate, you will have to make an appointment at an office of the General Treasury of the Social Security, and submit the official application form. Right there they will provide you with the number assigned.

- If you've a digital certificate, you can request it through the Internet, on the Social Security page.

2. Process registration as a job seeker. In order to sign a contract, it's not necessary to be a job seeker, however, most companies request new incorporations to be able to have Social Security bonuses for hiring unemployed workers. For this reason, we advise you to register as a job seeker before signing the employment contract. From Occupy2 we always recommend that people in active job search register as job seekers from the outset, since this procedure can have some advantages.

Tips to consider during the hiring process

1. Know what an employment contract is like. Contracts may vary depending on the type they are, but in all of them the structure and basic rules are similar. Below, we provide you with a link to the different types of employment contracts in 2017.

2. Read the contract carefully before signing it. Contracts usually collect a lot of data, but you've to look specially at the following:

- Company data, to know exactly who will be our employer or contracting company.

- Verify that our personal data are correct (name, ID, etc.)

- Check the type of contract (indefinite, temporary, fixed discontinuous, etc.), and the duration of the contract (in the case of temporary contracts, it will be necessary to verify that the duration and / or the reason for the contracting are those indicated in the offer of work).

- Review the workday, to see if it's established full or part-time (in this case, the number of hours to be worked and days in which the workday is distributed should be reflected).

- Corroborate the salary, specially if it has been agreed. It's important to see that it's clearly indicated if it's gross or net. In the event that “according to agreement” is indicated, the company will have to pay the minimum established in the Collective Agreement, and mention must be made in the contract of the collective agreement of application.

- Holidays may be specifically indicated, specially if they have been agreed or the company has promised more vacations than those collected in the agreement, with a minimum of 30 calendar days per year or those indicated in the Collective Agreement.

- Make sure that in the job category the position we will occupy is indicated. This issue is very important, since the salary and the functions to be developed will depend on the job category.

- The workplace must be indicated, in order to prevent the company from sending to another distant workplace.

- Probation period marked in the contract, and if the duration of the contract corresponds to what was agreed with the company.

- That the employment contract doesn't have gaps or gaps, specially at the points indicated above. We can't accept that the company says that these gaps will be filled later. Once signed the contract should not be modified anymore.

3. Be careful with the clauses or documents attached to the contract. Sometimes, together with the employment contract as annexes or included therein as clauses, the company reflects other conditions additional to those stipulated in the contract. These other attached documents or clauses must be studied meticulously, to know what they consist of, what they bind us to and whether or not we are willing to accept them. Normally they refer to the company's norms of conduct or protocols, or warnings regarding the Organic Law of Data Protection, so we should not put problems to sign them, although we must always be very attentive.

4. Get a copy of the contract. The company has to deliver a copy of the work contract to the worker (signed by both parties and with the seal of the company) and of all the documents signed in the hiring. This delivery must be made at the same time of signing the contract.

5. After signing the employment contract, confirm that you've been registered with Social Security. The company must register the worker with Social Security from the first day they work, even during the trial period. Therefore, it's recommended that you request a work life report to verify that you're discharged.

If the company has not discharged you, we advise you to obtain proof of the employment relationship and sue the company, filing a complaint with the Labor Inspectorate, so that you can claim your corresponding contribution and salary for the time worked.

We are sure that with these 5 tips you will have clearer what you've to review in the next signature of your contract. We will be happy to hear your experience when signing contracts with companies.

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