A pre-employment contract is a valuable tool for employers who wish to extend a confirmed offer of employment to a prospective candidate. It serves the interests of both the company and the employee, providing assurance for the employer regarding the hiring of a worker and ensuring that the employee knows their working conditions prior to commencing the job.
When creating a pre-employment contract, it is essential to include pertinent information such as salary, contract duration, job position, working hours, location, and social benefits. Additionally, specific clauses can be incorporated to regulate the working conditions that will be established in the final employment contract.
To effectively draft a pre-employment contract, follow these steps:
Identify the essential terms: Begin by determining the fundamental aspects of employment, such as salary, contract duration, position, working hours, location, benefits, and other key factors.
Establish specific clauses: Include specific clauses that will be applicable in the final contract, covering aspects like working hours, overtime compensation, and the possibility of teleworking.
Draft the document: Use clear and concise language in the pre-contract to avoid any potential misunderstandings between the parties. Precisely define the agreed-upon working conditions.
Seek legal review: It is advisable to have a specialized lawyer, such as GyV Asesores, review the pre-employment contract before both parties sign it. This ensures compliance with labor regulations and eliminates any clauses that may adversely affect either party.
Sign the document: Once reviewed and approved, both parties should sign the pre-employment contract, confirming their agreement with the specified working conditions.
Validity of a Pre-Employment Contract:
It is important to note that a pre-employment contract is not legally binding as an employment contract itself. Consequently, the employee is not entitled to receive a salary or accumulate seniority until the final contract is signed.
Should the employer fail to adhere to the terms outlined in the pre-employment contract within the specified timeframe, the affected individual can seek damages. For instance, if the person has relocated for the job, they can claim reimbursement for expenses related to the move (e.g., moving costs, rent, transportation).
Conversely, if the employee fails to comply with the agreed conditions, the company may also seek compensation for any resulting losses. For instance, if the employee received training, the company can claim the cost of that training.
Important Considerations:
It is crucial to draft the pre-employment contract in a clear and concise manner, preferably with the assistance of a lawyer.
Both parties must sign the pre-employment contract, and a copy of the signed document should be retained for record-keeping purposes.
The pre-employment contract should never be used to enforce abusive or unlawful working conditions upon the employee.
Remember, the pre-employment contract is not a definitive employment contract. Before commencing work, it is necessary to sign a comprehensive employment contract that encompasses all the working conditions outlined in the pre-contract.
For further reading, you may find the following posts interesting:
When to Hire a Substitute: Considerations and Conditions
Holiday Replacement Contract: Ensuring Smooth Operations During Absences
