The hiring of workers through a part-time contract requires documentary formalities that must be taken into account during the development of the contract.
The art. 12 of the status of workers in relation to part-time contracts expressly establishes:
The contract must include the number of ordinary working hours per day, per week, per month or per year contracted, as well as the method of their distribution as provided for in the collective agreement.
- h) The workday of part-time workers will be recorded day by day and will be totaled monthly, giving the worker a copy, together with the salary receipt, of the summary of all the hours worked in each month, both ordinary and complementary
This implies:
- The contract must be made in writing and must accurately reflect the hourly specification of the provision of work. That is, you must indicate the days and hours in which you will work and the hours in which the service is provided.
- During the term of the contract, the Time Control of the worker This document will reflect day by day the time of entry and exit, as well as the total hours worked per day and month. It must be signed by the worker.
- The schedule reflected in the Time Control It must coincide with the schedule agreed in the employment contract, without being able to modify the agreed schedule. Any sporadic modification that may exist must be reflected in the Time Control previously, indicating the cause of the modification. Without such modifications being habitual.
- He Time Control must be in the workplace at the disposal of the Labor Inspectorate.
- The total monthly hours indicated in the Time Control it must coincide with the total monthly hours reflected in the payroll.
- If the worker has worked additional hours (those with which they have agreed and with more than 10 hours a week and with a maximum of 30% of ordinary hours) it will be reflected in the Time Control and on payroll.
- A copy must be given to the worker along with the month's payroll.
Failure to comply with the above formalities may have the following consequences:
- Administrative Penalty for Act of Violation of the Labor Inspection. Punishable with fine from 626 to 6,250 euros per worker.
- Consideration of the contract entered into law fraud and presumption of full-time contract.
- Complementary settlements for Social Security contributions, considering the contributions as if it were a full-time contract from the beginning of the employment relationship. Having to enter the differences by contribution with the corresponding surcharges.
For this reason, he must put all possible diligence to comply with what was agreed in the part-time contract, demanding formal compliance with Time Control by the worker.
If you would like any other information about the part-time contract, please do not hesitate to contact contact with the office.
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