Temporary contract and how to draft it
The temporary employment contract is a key figure in the labour field. It is designed to cover temporary staff needs in a company. This type of contract has its own characteristics, rights and obligations, both for the employee and the employer. In this article, we analyse in depth everything related to the temporary employment contract, from its definition to its advantages and disadvantages.
What is a temporary contract?
A temporary contract is a type of temporary contract used to replace workers with the right to reserve their position, or to temporarily cover a job position during a selection or promotion process.
This type of contract is regulated by Article 15 of the Workers’ Statute and by other specific regulations. According to Article 15, this contract can be used in situations of sick leave, maternity, paternity and leave of absence, among others.
The temporary contract must be formalized in writing and clearly specify the reason for the temporary contract, the worker being replaced and the expected duration of the contract.
What are the most common reasons for formalizing a temporary contract?
The most common use of temporary contracts is to replace workers who are temporarily absent. This may include sick leave, maternity or paternity leave, voluntary leave of absence, or any other situation that requires a job to be reserved.
For example, if an employee is on maternity leave, the company may hire a temporary employee to cover her position until her return.
Another common reason for formalizing a temporary contract is to cover temporary vacancies while a selection or promotion process is being carried out. This contract allows the company to continue operating without interruptions while the right candidate is being sought to permanently fill the vacant position.
For example, if a new manager is being sought and the selection process will take several months, an interim manager may be hired to temporarily fill the position.
Duration of the temporary contract
The maximum duration of a temporary contract depends on the reason for it. For example, if it involves the replacement of a worker with the right to reserve the position, the contract will last until the replaced worker returns to work.
In the case of filling a vacancy during a selection process, the netherlands email list contract cannot exceed the time required to complete said process.
Extensions and extensions
Temporary contracts may be extended under certain circumstances. If the mailing list: what it is and why it is important reason for the temporary contract persists, such as a prolonged illness of the whatsapp number replaced worker, the contract may be extended until the situation is resolved. However, these extensions must be duly justified and formalized in writing.
Rights and obligations of the worker and the employer
Temporary workers have the same labour rights as permanent employees, including the same working hours, salary and working conditions as set out in the applicable collective agreement.
In addition, employees have the right to participate in the company’s training and internal promotion programmes. Upon termination of employment, employees are entitled to receive a certificate from the company and, in some cases, compensation.
Employer’s Obligations
The employer must ensure that the temporary employment contract is properly formalised and complies with all legal regulations. This includes specifying the reason for the temporary employment contract, the employee being replaced and the duration of the contract.
In addition, the employer must ensure that the interim worker receives the same treatment and working conditions as the replaced worker.
Differences with other types of temporary contracts
The interim contract differs from other temporary contracts , such as the replacement contract and the fixed-term contract, in its specific causes and purposes.
While temporary contracts are mainly used to replace workers with the right to reserve their position or to cover temporary vacancies, fixed-term contracts are used for specific projects or to deal with a temporary increase in workload. Both types of contracts are subject to different regulations and have different implications for the worker and the employer.
Although often confused with the temporary contract, the replacement contract is specifically used to replace a worker who is entitled to have his or her position reserved. The duration of the replacement contract also depends on the absence of the replaced worker, but may be extended until the selection or promotion process is completed, or until the replaced worker returns.
Advantages and disadvantages of the temporary contract
For employers, a temporary contract offers flexibility to cover temporary absences without the need to hire a permanent employee. This is especially useful in unforeseen situations such as sick leave.
For workers, this type of contract can provide an opportunity to gain experience and prove their worth to the company, which could lead to a permanent contract in the future.
Disadvantages
One of the main disadvantages for temporary workers is job instability, since their employment is dependent on the situation of the replaced worker or the ongoing selection process.
For employers, the main disadvantage is the need to extend and justify the duration of the temporary contract, which may entail an additional administrative burden.