What you need to know before becoming effective at work
Want to know what it means to become permanent at your job? Read in this article.
Permanent passage? Here's what you should consider.
The transition to a permanent position is one of the biggest ambitions of employees in any professional field, as it represents an important change.
This is because an open-ended contract between the employer and the employee represents greater stability, following one or more fixed-term contracts.
The explanation can be read on Notícias ao Minuto, where it is clarified that these contracts "besides being able to arise from the end of a fixed-term contract, that cannot be renewed in any other way, they can also occur in the hiring of high responsibility positions or in the hiring of workers with specific skills, meaning that the labor relationship between both parties can, from the start, be effective. Or, for example, when the renewal of a fixed-term employment contract violated, in any way, the law provisions on the subject."
But a worker can still become effective, according to the Labour Code, when remaining active after the expiry date indicated in the employer's communication or, in its absence, after 15 days following the expiration date verification.
New contract implies a new trial period.
Note that, even though an indefinite contract provides greater stability, it also implies having to go through a new trial period, during which both parties may or may not decide to proceed with effectiveness without prior notice or compensation.
You must also know that in companies with less than 20 employees this period is 60 days, with more than 20 it is 90 days, in roles of responsibility or functions of technical complexity of 180 days and in senior positions or management positions of 240 days.
In addition, the period may be reduced or excluded if both parties agree and register it in writing.
Terminating a contract without term
If you want to terminate an indefinite contract, you must do it with 30 days' notice, in writing, if you have been with the company for less than 2 years, and with 60 days if you have been there for more than 2 years.
However, if you are dismissed, you are entitled to receive between 15 and 45 days of base pay and seniority for each complete year of seniority. According to Article 396 of the Labor Code, the compensation cannot be less than three months of base pay and seniority.
Furthermore, if the contract is terminated for just cause, the amount of compensation for the worker varies according to the amount of remuneration and the degree of illegality of the employer's behavior.
What should the contract without term contain?
In accordance with the Working Conditions, an employment contract without a fixed term must contain the identification of the worker and the company, as well as "the workplace and working hours (daily and weekly), the start date of the contract, the description of the category and functions to be performed, indication of the trial period deadlines, as well as the amount and frequency of the remuneration and other bonuses included, and the notice periods in case of contract termination", it is read at the end of the news.
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