MTPE: Verbal labor contract is considered indefinite

The Ministry of Labor and Employment Promotion (MTPE) specified that in any relationship of labor subordination the existence of a Work contract indefinitely, with the exception of those who are subject to the modality of fixed termwhich have an established period of validity.

In detail, The MTPE indicated that indefinite-term employment contracts can be entered into verbally or in writing. Likewise, it noted that if this agreement was reached verbally, it is no longer necessary to put it in writing.

the laborer Ricardo Herrera explains that this is a general rule in labor matters. He adds that, if the employer wanted to hire staff for a certain time and the worker has already started working without a contract involved, it will also be considered as a labor relationship without a maximum term of duration.

“What is he saying? PETM It is that the workers do not worry if a written contract is not signed, because, if they are working subordinately, an employment relationship is established; And, even worse, if the employer wanted it to be a temporary contract, but did not sign the contract before the employment relationship began, it is understood that it is an indefinite-term contract, “he affirms.

Likewise, the expert details that, if a worker with an expired contract continues working in the company, it is automatically understood as an indefinite-term employment relationship.

“If the employer, in retaliation, fires the worker for not wanting to sign the contract or the extension extemporaneously, the employer would be committing a double fault, because it would not only be trying to give a temporary nature to a contract that is already indefinite, but also, as an act of revenge, he has fired the worker. So, you incur an arbitrary dismissal”, points out.

Regarding fixed-term contracts, the MTPE clarified that these must be for a justified cause and must be entered into in writing and specifying the period of validity.

The data

Labor. There are 9 types of fixed-term contracts and they are grouped into three categories: temporary, accidental, and works or services.

Exhortation. PETM indicated that, in all cases in which there is a contract involved, the employer is obliged to register his worker on the payroll; Otherwise, he would be committing a very serious offense in labor matters.