Updated: 17/10/22
When a job offer is made to a professional who is already employed by another company, it is ideal to make a pre-employment contract, so that the professional trusts the new company and decides to make the change from one organisation to another with complete peace of mind.
What is the pre-employment contract and what is it for?
A pre-contract of employment is a formal commitment between the company and the employee by virtue of which the organisation legally commits to hire the employee in the future. Thus, the pre-contract of employment is not a definitive contract of employment, although it is true that the pre-contract of employment is not a definitive contract of employment. is legally validIf either party fails to comply, there will be legal consequences.
This type of legal commitment is very useful when a company wants to hire foreign workers or highly qualified personnel. who provides his or her services to another organisation. In this way, the company guarantees its interests and the worker can make the change from one company to another with peace of mind, as he/she has the commitment of his/her future employment by the new company. Thus, the pre-employment contract for foreigners is a very common practice, being very common to use a pre-employment contract model for social roots.
How to make a pre-employment contract
Although the pre-contract of employment can be made verbally, it should ideally be in writing. When drawing up this type of legal commitment, it is important that it includes the following information and clauses. These are as follows:
- Identification databoth for the company and the employee.
- Commitment to hire the worker in the future.
- Date on which the pre-contract for the work is signed.
- Nature of the future employment contracti.e. whether the worker will be hired on a temporary or permanent basis.
- Working conditions of the workersuch as your working hours, your salary, your holiday entitlement, etc..
- Position to be occupied by the worker and duties to be performed.
- Conditions attached to the employment of the worker. For example, the worker's employment may be conditional on the completion of his or her studies.
- Compensation in the event of breach of the pre-contract of employment by either party. If the employer breaches the pre-contract, the employee may claim damages through the courts, although no claim can be made for wages that have not been received. If it is the employee who breaches the pre-contract, the employer may also claim damages.
- Signature of the partiesboth for the company and the employee.
Model pre-employment contract SEPE
Although it is possible to draw up a pre-employment contract, it is best to opt for the SEPE pre-employment contract formThe contract shall be adapted to each specific case, including in the clauses of the contract the circumstances or eventualities that the parties consider important to include.
In short, the pre-employment contract is a legal commitment that is very useful for attracting talent.
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