Lesson 4: Parties of an Employment Contract

AutorPilar Núñez-Cortés Contreras
Cargo del AutorProfesora Titular de Área. Universidad Loyola Andalucía

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1. Introduction

The two parties of an employment contract are the employer and the employee. In this lesson we are analysing who can be named an employer and who can be named an employee. In particular, which features and requisites of capacity need to be full filled to fit into these two categories. In addition, a specific type of employer called temporary employment agencies is highlighted.

2. Thedeflnitionoftheemployee
2.1. Employee

An employee is a natural person providing a reliant and dependant service to a natural or legal person called the employer. His/her relationship is regulated in the ES.


A secretary, a waiter, the director of human resources in a company, a professor of labour law

2.2. Exclusions

Several worker-provided services are excluded from the personal scope of the ES (art. 1.3. ES) like for example:

· Public officials (their relationship is regulated by administrative rules). Example:

Tax inspectors, police officers, doctors in public hospitals

· Members of the Board of Directors. If they are exclusively members of the board without working in the company.

· Voluntary work and family business Examples:

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· Volunteer in a political party or trade union, or social volunteers.

· A family member providing a service to his/her family business without being paid any compensation.

· Mandatory services providers (these services are regulated as a duty of the citizens with the community in special circumstances).

Example: jurors or witnesses

2.3. Capacity requirements for the employee

2.3.1. Age requisites

· Full capacity, at the age ofl8

· Limited capacity, between 16 and 18 years

· Incapacity, under 16 years

2.3.2. Nationality requisites

· Spanish citizen

· Citizen of any other EU country

· Citizen with residence and working permit

3. Employer


An employer is a natural or legal person who receives a reliant and dependent service from an employee.

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3.1. Individual Employer (natural person)


· The owner of a business (lawyer, dentist or taxi owner)

· A family head hiring a servant

3.2. Corporate...

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