According to the Labour Code, an employment contract concluded between an employee and an employer constitutes the legal basis of their labour relations. An employee who does not work under an employment contract does not acquire labour and future social security rights.
This is because only when working under an employment contract does an employee have the right to:
- receive wages not lower than the minimum amount established by legislation;
- receive additional pay for overtime work and for work performed at night;
- work in safe and healthy labour conditions;
- participate in the social insurance system and acquire pension rights in the future and benefit from the right to leave;
- and enjoy other guarantees provided by law.
If an employee does not agree with the labour conditions, labour function, working hours, wages or other terms during their employment activity, they may apply to the employer for their modification.
In this case, according to the Labour Code, the terms of the employment contract may be changed by mutual agreement of the parties.