EMPLOYMENT CONTRACT SUBJECT TO TEMPORARY MODALITY DUE TO THE START OR
INCREASE IN ACTIVITY
CONSTE BY THE PRESENT DOCUMENT THE CONTRACT FOR WORK STARTING FROM
ACTIVITIES THAT CELEBRATE ON ONE SIDE THE HOSPITAL OF MEDICAL SPECIALTIES 'SAN
IGNACIO DE LOYOLA, WITH UNIQUE TAX REGISTRATION N°20604375224, WITH
ADDRESS ON AVENIDA RAMÓN CASTILLA N°365-371, IN THE DISTRICT OF CASTILLA, PROVINCE
AND THE DEPARTMENT OF PIURA, IN THE CAPACITY OF MANAGER DOÑADANITZA VILELA GARCÍA,
IDENTIFIED WITH ID N°XXXX, WITH POWERS REGISTERED IN THE ELECTRONIC RECORD
[Link], FROM THE COMMERCIAL SOCIETIES REGISTER OF THE PEOPLE'S REGISTER
LEGAL OF PIURA, HEREAFTER SIMPLY REFERRED TO AS
EMPLOYER;AND ON THE OTHER SIDE XXXXXXXXXXXXXXXXXXXXX;WITH NATIONAL DOCUMENT OF
IDENTITY N°XXXXXXXXXX, SINGLE MARITAL STATUS, WITH ADDRESS IN
XXXXXXXXXXXXX, OF THE DISTRICT, PROVINCE, AND DEPARTMENT OF PIURA, TO WHOM IN
HEREAFTER IT WILL BE REFERRED TO AS THE WORKER; UNDER THE TERMS AND CONDITIONS
NEXT:
FIRST: THE EMPLOYER IS A LEGAL ENTITY, WHOSE SOCIAL OBJECT IS THE
PROVISION OF HEALTH SERVICES; WHICH IS REGISTERED IN THE
MICRO AND SMALL BUSINESS (REMYPE) WITH ACCREDITATION NUMBER XXXXXX SINCE THE 31
FROM JANUARY 2020, SO FROM THAT DATE YOU ENJOY THE BENEFITS THAT IT GIVES YOU
GRANT YOURS OF THE LAW OF PROMOTION AND COMPETITIVENESS, FORMALIZATION AND
DEVELOPMENT OF MICRO AND SMALL ENTERPRISES AND ACCESS TO DECENT EMPLOYMENT, LAW OF
MYPE (Supreme Decree No. 0007-2008-TR), in accordance with its regulations (Supreme Decree No. 008-2008-TR).
WHO REQUIRES THE SERVICES OF THE WORKER TO FILL THE POSITION OF
MAINTENANCE AND CLEANING STAFF.
THE OBJECTIVE CAUSE OF THIS CONTRACT IS THE OPENING OF A NEW AREA XXXXXX , FOR
WHAT IS TEMPORAL IN NATURE AND IS SUBJECT TO THE GOOD PROGRESS OF THE
IMPLEMENTATION OF THE NEW ENVIRONMENTS.
SECOND: BY THIS CONTRACT, THE WORKER AGREES TO PROVIDE THEIR
SERVICES TO THE EMPLOYER TO PERFORM FUNCTIONS IN THE MAINTENANCE POSITION
AND CLEANING, IN ACCORDANCE WITH THE ORGANIZATION AND FUNCTION MANUAL (MOF),
SHALL BE SUBJECT TO STRICT COMPLIANCE WITH THE WORK FOR WHICH HE/SHE HAS BEEN
HIRED, UNDER THE DIRECTIVES OF HIS SUPERIORS AND THOSE GIVEN BY NECESSITY
OF THE SERVICE IN EXERCISE OF THE POWERS OF ADMINISTRATION AND MANAGEMENT OF THE
EMPLOYER, IN ACCORDANCE WITH ARTICLE 9 OF THE UNIFIED TEXT ORDAINED OF THE
LABOR PRODUCTIVITY AND COMPETITIVENESS LAW, APPROVED BY SUPREME DECREE NO.
003-97-TR. THE WORKER ALSO DECLARES TO HAVE RECEIVED THE SAME AT THE TIME
TO SIGN THIS CONTRACT AND DECLARES THAT IT HAS NO DOUBT REGARDING
TO SOME TOPIC CONTAINED IN THEM.
BY VIRTUE OF WHAT IS STATED IN THE PRECEDING PARAGRAPH, THE EMPLOYER HIRES
TEMPORARILY THE PERSONAL SERVICES OF THE WORKER AS
MAINTENANCE AND CLEANING STAFF, THEY WILL BE DEVELOPED OVER TIME
FIXED AND UNDER SUBORDINATION, IN EXCHANGE FOR THE REMUNERATION AGREED IN THE CLAUSE
SEVENTH.
THIRD: BY THIS CONTRACT AND IN ACCORDANCE WITH THE PROVISIONS SET FORTH BY THE
ARTICLE 57 OF THE CONSOLIDATED TEXT OF LEGISLATIVE DECREE N° 728, LAW OF
PRODUCTIVITY AND LABOR COMPETITIVENESS, APPROVED BY SUPREME DECREE N° 003-
97-TR, THE EMPLOYER INITIATES THE CONTRACT WITH THE WORKER, UNDER THE MODALITY OF
CONTRACT FOR STARTING ACTIVITIES, IN ORDER FOR YOU TO DEVELOP THE WORK OF
MAINTENANCE AND CLEANING STAFF.
PROVISION OF SERVICES:
FOURTH: THE WORKER WILL CARRY OUT THEIR DUTIES ORDERED BY THE
EMPLOYER IN CONCORDANCE WITH THE ORGANIZATIONAL AND FUNCTIONS MANUAL (MOF),
THE EMPLOYER IS AUTHORIZED TO MAKE REASONABLE MODIFICATIONS BASED ON
OF THE CAPACITY AND ABILITY OF THE WORKER AND TO THE NEEDS AND REQUIREMENTS OF
THE SAME, WITHOUT SUCH VARIATIONS MEANING A DEDUCTION OF CATEGORY AND/OR
REMUNERATION.
IT IS UNDERSTOOD THAT THE PROVISION OF SERVICES MUST BE CARRIED OUT IN A MANNER
PERSONAL, NO WORKERS CAN BE REPLACED OR ASSISTED BY A THIRD PARTY
PERSONA.
WORKING DAY AND SCHEDULE
FIFTH:THE PARTIES STIPULATE THAT THE WORKING HOURS OF THE WORKER SHALL BE IN ACCORDANCE WITH
THE COMMERCIAL NEEDS OF THE COMPANY, WHICH WILL BE COMMUNICATED TO THE EMPLOYER
OPPORTUNELY, RESPECTING THE LEGAL REGULATIONS ON THE SUBJECT.
IN EXERCISE OF ITS DIRECTIVE POWERS, THE EMPLOYER IS AUTHORIZED TO
PROCEDURE ESTABLISHED IN ARTICLE 2 OF THE TUO OF D.L N° 854 LAW ON WORKING HOURS
WORK, SCHEDULE AND OVERTIME, APPROVED BY DS No. 007-2002-TR,
RESPECTING THE LEGAL STANDARDS ON THE SUBJECT, WITHOUT THE VARIATIONS
They mean a decrease in category and/or remuneration.
SIXTH: THE WORKER WILL RECEIVE AS COMPENSATION FOR HIS SERVICES A
MONTHLY REMUNERATION AMOUNTING TO S/. 930.00 (NINE HUNDRED THIRTY)
00/100 SOLES), DURING THE DURATION OF THE EMPLOYMENT RELATIONSHIP. THE
COMPENSATION MAY BE MODIFIED IN CASE THE SITUATIONS ARISE
FORESEEN IN THE FOURTEENTH CLAUSE.
UNJUSTIFIED ABSENCES BY THE WORKER IMPLY THE LOSS OF THE
REMUNERATION PROPORTIONATELY TO THE DURATION OF SUCH ABSENCE, WITHOUT PREJUDICE
FROM THE EXERCISE OF THE DISCIPLINARY POWERS PROPER TO THE EMPLOYER,
FORESEEN IN LABOR LEGISLATION AND INTERNAL REGULATIONS OF THE EMPLOYER.
DURATION OF THE CONTRACT
SEVENTH: THE DURATION OF THIS CONTRACT WILL BE 03 MONTHS COUNTED FROM
FROM APRIL 23, 2021 TO JULY 23, 2021, IN WHICH THE SERVICE CONCLUDES
SERVICES, WITHOUT THE NEED FOR PRIOR NOTICE BETWEEN THE PARTIES. UPON THE CONCLUSION OF
The employer will pay the worker any benefits that may arise.
CORRESPONDING TO THE CURRENT LEGISLATION.
EIGHT: THE SUSPENSION OF THIS EMPLOYMENT CONTRACT FOR ANY OF THE
CAUSALITIES FORESEEN IN ARTICLE 12 OF THE LPCI WILL NOT INTERRUPT THE DEADLINE OF
CONTRACT.
NOVENA: NOTWITHSTANDING, THE TIME FRAME STIPULATED FOR THE CONTRACT, THIS CONTRACT
It may be extended by mutual agreement within the limits provided in Article 74.
FROM THE LAW OF PRODUCTIVITY AND LABOR COMPETITIVENESS D.S. N° 003-97-TR, THROUGH
SUBSCRIPTION OF AN EXTENSION.
Likewise, he/she must perform the functions of his/her position with the utmost diligence and
RESPONSIBILITY.
OBLIGATIONS OF THE WORKER
TENTH: THE WORKER MAY NOT APPEAR BEFORE ANY OF THE AUTHORITIES
ADMINISTRATIVE OR INSTITUTIONAL WITH THE PURPOSE OF DEFAMING, ACCUSING OR IMPUTING
AGAINST THE EMPLOYER ANY FALSE, INJURIOUS OR CRIMINAL ACT ABOUT HIM
DEVELOPMENT OF YOUR ACTIVITIES.
IN THAT SENSE, AND WITH THE AIM OF MAINTAINING GOOD RELATIONS BETWEEN THE
PARTIES, THE WORKER MUST NOT REVEAL ANY TYPE OF INFORMATION THAT WILL
AGAINST THE INTERESTS AND SAFEGUARD OF THE EMPLOYER, HARMING IT
LAST FACING SITUATIONS BASED ON ASSUMPTIONS, AS WELL AS NON-EXISTENT FACTS
AND FALSE.
ALSO, IN THE HYPOTHESIS WHICH WORKER FAILS WITH THE OBLIGATION
MENTIONED IN THE CLAUSE PREVIOUS, WILL ASSUME ABSOLUTELY EVERYTHING
RESPONSIBILITY FOR DAMAGES AND LOSSES THAT MAY OCCUR TO THE
EMPLOYER
ELEVENTH: THE WORKER COMMITTS TO PERFORM WITH LOYALTY AND EFFICIENCY
THE MAIN, CONNECTED AND COMPLEMENTARY TASKS INHERENT TO YOUR POSITION OF
WORK, APPLYING FOR THIS PURPOSE ALL HIS EXPERIENCES AND CAPACITY, AND WATCHING OVER THE
INTERESTS OF THE EMPLOYER.
TWELFTH: THROUGH THIS CONTRACT, THE WORKER AGREES TO
COMPLY WITH THE FUNCTIONS, ORDERS, AND INSTRUCTIONS OF THE EMPLOYER OR THEIR
REPRESENTATIVES, AS WELL AS THE OTHER RULES AND ORDERS THAT ARE ISSUED BY
NECESSITY OF SERVICE. ALSO, IN THE EXERCISE OF MANAGEMENT. THE EMPLOYER REMAINS
AUTHORIZED TO INTRODUCE CHANGES, MODIFY SCHEDULES, AS WELL AS THE FORM AND MODE OF OPERATION
FROM THE PROVISION OF SERVICES, WITHIN THE CRITERIA OF REASONABLENESS,
TAKING INTO ACCOUNT THE NEEDS OF THE WORKPLACE, WITHOUT THIS AFFECTING THE
DENATURALIZATION OF THE PRESENT CONTRACT.
THIRTEENTH. - IT IS UNDERSTOOD THAT THE EMPLOYER IS NOT OBLIGATED TO GIVE
ANY ADDITIONAL NOTICE REGARDING THE TERMINATION OF THIS CONTRACT, OPERATING ITS
EXPIRATION ON THE DATE SPECIFIED IN THE SEVENTH CLAUSE.
FOURTEENTH: THE WORKER AGREES THAT IN CASE THE COMPANY
ENTERED A PERIOD OF ECONOMIC CRISIS OR THREAT OF BANKRUPTCY, TO SUPPORT THE
COMPANY IN ALL NEW WORKS AND EFFORTS THAT ARE NECESSARY TO
OVERCOME THE MENTIONED SITUATIONS, AND EVEN COMMIT TO REACH A
AGREEMENT REGARDING THE VARIATION OF YOUR REMUNERATION ESTABLISHED IN THE CLAUSE
SIXTH, AS LONG AS IT IS WITHIN THE CRITERIA OF RESPONSIBILITY AND FOR THE
DURATION OF THE COMPANY'S ECONOMIC CRISIS.
FIFTEENTH: THE RIGHTS AND OBLIGATIONS ATTRIBUTABLE TO THE PARTIES ACCORDING TO
THIS CONTRACT SHALL NOT BENEFIT OR BE ENFORCEABLE BY ANY OF THEM
UNTIL THE START DATE OF THE EMPLOYMENT RELATIONSHIP, CANNOT CONSEQUENTLY BE
SUMMONED FOR ITS ENJOYMENT OR COMPLIANCE UNTIL THAT DATE.
SIXTEENTH. - ON THE PROHIBITIONS
THE WORKER IS OBLIGATED NOT TO DISCLOSE CONFIDENTIAL INFORMATION RELATED TO
THE COMPANY ACTIVITIES TO WHICH I HAVE ACCESS DUE TO YOUR
FUNCTIONS. THEREFORE, YOU SHOULD NOT DISCLOSE TO UNRELATED THIRD PARTIES.
COMPANY, BACKGROUND SUCH AS BALANCES, INVENTORIES, LETTERS, ETC., EXCEPT IN
IN CASE OF BEING REQUIRED BY THE COURTS OF JUSTICE OR AS REQUIRED BY LAWS
TAXES OR SOCIAL SECURITY.
Termination of the Contract
SEVENTEENTH: ALSO, THE EMPLOYMENT RELATIONSHIP SHALL BE TERMINATED BY VIRTUE OF THE
OTHER CAUSES FOR TERMINATION OF THE EMPLOYMENT CONTRACT, STIPULATED IN ARTICLE 16
FROM A LPCL. IN CASE OF UNJUSTIFIED DISMISSAL, THE INDEMNITY SHALL BE GOVERNED BY THE
ESTABLISHED IN ARTICLE 47 OF SUPREME DECREE N° 007-2008 TR, TUO OF THE LAW OF
SMEs, MODIFIED BY LAW N°30056.
ADDRESS:
EIGHTEEN: THE PARTIES DESIGNATE AS THEIR RESPECTIVE ADDRESSES THE
SPECIFIED IN THE INTRODUCTION OF THIS CONTRACT, THEREFORE THEY ARE CONSIDERED
ALL COMMUNICATIONS AND NOTIFICATIONS ADDRESSED TO THEM ARE VALID WITH
REASON FOR THE EXECUTION OF THIS CONTRACT. THE CHANGE OF ADDRESS OF
ANY OF THE PARTIES WILL TAKE EFFECT FROM THE DATE OF ITS COMMUNICATION TO YOUR
COUNTERPART, BY WRITTEN DOCUMENT.
JURISDICTION AND COMPETENCE
NINETEENTH: FOR THE PURPOSES OF ANY DISPUTE THAT ARISES WITH
REASON FOR THE CELEBRATION AND EXECUTION OF THIS CONTRACT, THE PARTIES SUBMIT TO THE
TERRITORIAL JURISDICTION OF THE JUDGES AND COURTS OF THE CITY OF PIURA.
THE PARTIES DULY INFORMED OF THE CONTENT OF THIS CONTRACT, SHALL
THEY RATIFY IT, OBLIGATING THEMSELVES TO ITS FAITHFUL COMPLIANCE.
PIURA, APRIL 23, 2021.-
________________________ ______________________
THE EMPLOYER THE WORKER