It is common for a future employee to want to sign a pre-contract reflecting the conditions under which they will be hired. With this document, both the company and the worker commit to formalize an employment contract in the future. Therefore, if that contract is not signed due to the fault of either party, the other may demand compensation for the damages suffered.

The employee's request is logical (to avoid the risk of losing their current job, the future job, and a possible unemployment benefit). And although signing this pre-contract is not mandatory, it is also in the company's interest to establish responsibilities and compensations in case of breach:

• If the job position is specialized and the company has had difficulty finding the ideal candidate, it can include a clause stating that the employee will pay compensation if they ultimately do not join. For example, the cost of the selection process.
• If it is the company that fails to fulfill its obligation to hire, the affected party can also claim compensation (for example, the wages not received from the breach until the date of the judgment recognizing said compensation).
• Since the employment relationship has not yet begun, such compensations must be claimed through the civil courts.

If the pre-contract sets out certain conditions (salary, working hours, type of contract...) and when signing the contract the company intends to include others, the worker may refuse to sign and may demand compensation. However, if they agree to sign with different conditions, it will be understood that they have consented to the change and can no longer claim what was provided in the pre-contract.

 

Our professionals will inform you about any doubts you may have regarding employment contracts and pre-contracts.