What you should know before becoming permanent at work.

Passing to permanent staff? Here's what you should consider.

The passage to permanent status is one of the biggest ambitions of employees, in any professional area, as it represents an important change.

This is because an indefinite 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 "in addition to being able to arise from the end of a fixed-term contract that cannot be renewed in any other way, can also occur in the hiring of high responsibility positions or in the hiring of workers with specific skills, that is, the employment relationship between both parties can, from the beginning, be effective. Or, for example, when the renewal of a fixed-term employment contract violated, in some way, the provisions of the law on the subject."  

But a worker can still become permanent, according to the Labor Code, when remaining active after the expiry date indicated in the employer's communication or, failing that, after 15 days have elapsed after the termination has been verified.

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 probationary period, during which both parties may or may not decide to move forward with effectiveness without prior notice or compensation.

You should also know that in companies with fewer than 20 employees, this period is 60 days, with more than 20 it is 90 days, in positions of responsibility or technical complexity of 180 days and in senior positions or management positions 240 days.

In addition, the period can be reduced or excluded if both parties agree and record it in writing.

Terminate a contract without term.

If you want to terminate a permanent contract, you must do so 30 days in advance, in writing, if you have been with the company for less than 2 years, and with 60 days if you have been with the company for more than 2 years.

But if you are dismissed, you are entitled to receive between 15 and 45 days of base pay and seniority for each full 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 unlawfulness of the employer's behavior.

What should the indefinite contract contain?

In accordance with the Working Conditions, an open-ended employment contract must include 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, the indication of the probationary period deadlines, as well as the amount and frequency of the remuneration and other included bonuses, and the notice periods in case of contract termination”, it is read at the end of the news.

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