Monday, August 6, 2012
Type of Contract work in Bolivia. Contract Termination
PATTERNS OF CONTRACT WORK IN OUR LEGISLATION
Our legislation recognizes the following types of contracts:
a) Individual Work Contract
b) The Collective Bargaining Agreement
c) The Learning Contract
d) The Contract Down
a) INDIVIDUAL OR PERSONAL CONTRACT
Article 5 of the General Labour Act provides that "the employment contract is individual or collective, as agreed upon between an employer or group of employers and an employee or worker, or between an employer or association of employers and a union, federation or Confederation of Trade Unions. "
All individual employment contract must specify:
Names of father and mother or name of the parties, age, nationality, marital status and address of the employee; Nature of service and location will be provided; Determining whether the work or service will be performed per unit time, masonry, task or piecework, for two or more of these systems; amount, form and period of payment of the agreed remuneration, term of the contract, place and date of the contract; Registration of heirs specifying name and age, for the purposes of the provision concerning compensation for occupational hazards.
b) Collective Bargaining Agreement
Collective bargaining agreement means the agreement between one or more employers and a union, federation or confederation of trade unions in order to determine working conditions or regulations. This contract must necessarily be concluded in writing and registered with the labor inspector.
Only work with legal entities may enter into such contracts.
The representation of these entities shall be exercised according to its statutes.
c) the contract of apprenticeship
It is that contract under which an employer or employer is obliged to teach virtually by himself or by another trade or industry, using the work of the learner with or without pay and for a fixed period not exceeding two years. It includes learning the trade and tasks using mechanical engines.
Features:
This type of contract is concluded for mutual presumed escritoSe Services Now providing remuneration and other terms of the contract provide expresamenteEl employer must give the trainee the necessary hours to attend school.
d) HOOK CONTRACT
The hitch is that contract by which workers are hired by someone other than the employer, to activities generally must be met away from their usual residence
OF CERTAIN CLASSES OF WORK
Similarly, our legislation points to other work on home work and housework
HOME WORK
Means that home work is done for others and remuneration determined, in worker's residence in his home workshop or residence of the employer. They are included within this definition:
Those who work in isolation or as family workshop at home, piece on behalf of an employer. Family Workshop is formed by relatives of the head of it that usually live in it, those who work in the company or on behalf of an employer, and earnings from the home of one of them, those who work for wages, task or piecework in the home of an employer. It is considered that home work is done directly to the public.
Every employer covered by this Chapter shall be recorded in the Labour Inspectorate, communicating the list of workers occupied. Keep a special register of the work assigned and provide evidence that the worker receives.
The fees will be canceled by work or delivery periods not exceeding one week.
When the worker works delivered defective or damaged materials entrusted to him, the employer may, with permission from the Labour Inspectorate, hold up one-fifth of the weekly payments to the payment of compensation.
DOMESTIC WORK
Domestic work is being provided on an ongoing basis as a single employer, in necessities own a home service. Can be contracted orally or in writing, the latter being compulsory if the term exceeds one year, and requiring further registration in the Security Police.
CONCLUSION OR TERMINATION OF THE EMPLOYMENT CONTRACT
Just as there is already exposed what is a contract job, it can be concluded or terminated for reasons set out below:
For the realization of a particular event (expiration of term, completion of work or service, worker's death). As for the latter case, only the death of a worker may terminate the contract, as in the case of the death of the employer, the contract can continue to fulfill their heirs, unless he had been alone, or that the contract was held solely in relation to your complaint or eviction persona.Por a party, or for dismissal without just cause or justified dismissal. In the first case, the employer can fire your workers before the formality of notice or severance pay, therefore, the absence of notice. And in the second case, when the employer makes the dismissal of its employee, without obligation of notice when it has incurred in the grounds provided for in Article 16 of Labour Law and its Regulatory Decree 9.
Patterns or above facts give rise to what in labor-employer relations, is called settlement.
Labour relations form a complex. Hence, for any eventuality is advisable to hire labor lawyers.
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