If they are fulfilled
A labor contract exists
Applying the principle of the reality over the forms
Contrato Realidad
LABOR CONTRACT
Ending contract causes
For the employee
*To suffer deception about the working conditions
*Serious violence or injury to the employee in or outside of service
* Worker's coercion against his moral, political or religious principles
* Any circumstance that risks the life and health of the worker that is not considered by the employer
* All damage caused intentionally by the employer
*Systematic refusal of the employer's responsibilities
* Employer requirements that are different than the contracted labors
For the employer
* To present false documents for by hired or obtain benefits
*Bad treatments and indiscipline during the labor.
*Serious violence or injury to the employer, bussiness associates, or other representatives outside of labor hours
*Intentional material damages to any object related with the job
*Inapropiate or criminal acts in the work place
* Causes metionated in articles 58 y 60 of "Código sustantivo de trabajo"
*Preventive detention of the employee for more than thirty days at less the employee where declared acquitted
*To reveal confidential information that can cause detriment for the company
*Insuficient performance at the job after exhausting the legal procedure.
*Stop fulfilling their functions systematically
*All worker's vices that disturbs the discipline in the work area
* Systematic refusal of the worker for accepting safety and health rules
*Ineptitude of the employee for fullfilled the labor tasks
*Retirement pension or disability been at company's service
*Not professional serious or contagious illness for more than 180 days
Duration
*Ocassional contract
Short duration less than one month. Different tasks are carried out to those normally performed by the employer
*Contract for contracted labor
The term of this contract is conditioned to the end of the contracted labor.
There are no extensions or modifications to this contract unless modifications are made by writing.
to pay the time remaining to complete the work, without in any case less than fifteen days
*Indefinite term
It is valid as long as the causes that gave rise and the matter of work subsist
*Workers who earn less than 10 minimum salaries and up to one year of service will be paid with thirty days of salary, if they have been more than one year of service, thirty days for the first year and twenty additional for each year.
* If the workers earn more than 10 salaries for the first year, will be paid with one day salary and fifteen additional days per year.
*Workers with more than 10 years at December 27th, 2002, are governed by Article 6, Law 50 of 1990.
*Fixed term
Must be writing and its duration can not exceed three years, but can be renewed indefinitely. If its term is less than one year, it may be extended for three equal periods or less.
Sanction for ending without fair cause
Missing time for the ending of the contract
Legal form of ending
Must be writing in advance not less than thirty days before of the expiration date
the form
Written
*Indications of the parts and their domiciles
*Place and date of agreement
*Place of lend the service
*Nature of work
*Forms and periods of remuneration
* Duration of the contract and its ending
Verbal
Characterictics
Duration of the contract
Remuneration
Quantity
Periodicity of payment
Place of ejecution
Type of work
Essential elements
A salary as retribution for the service
The employee is subordinate to the employer
The activity is developed by the employee
