Work Offer vs Work Contract

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PXYC
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Work Offer vs Work Contract

Post by PXYC » Thu Apr 16, 2020 12:31 pm

Hi all,

Will try to get some lights on a specific question I have:

I was working for a Chilean company A trough a third-party provider company B (also Chilean) - so.. my work contract is actually with company B.
Now this company A wants to hire me directly. 8)

The work offer from company A includes two paid flights (each year) to Europe for as long as the contract (indefinido) is valid. We have moved on to the phase in which I've accepted and they have sent me the draft work contrat, which I am reviewing, and it just happens that this benefit of the two flights per year are not included on the work contract.. I've requested HR team to add it on the work contract and they've just replied that "beneficios adicionales" are never included on contracts, and that for legal effects, the work offer is valid and I will never lose such benefit if management changes.
I don't think this is true, it rings all my alarm bells..

Any opinions/insights?

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admin
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Re: Work Offer vs Work Contract

Post by admin » Thu Apr 16, 2020 1:11 pm

yea, you want that either in the work contract or some seperate contract; but in writing.
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PXYC
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Re: Work Offer vs Work Contract

Post by PXYC » Thu Apr 16, 2020 7:01 pm

admin wrote:
Thu Apr 16, 2020 1:11 pm
yea, you want that either in the work contract or some seperate contract; but in writing.
thanks admin!

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Re: Work Offer vs Work Contract

Post by admin » Thu Apr 16, 2020 9:17 pm

PXYC wrote:
Thu Apr 16, 2020 7:01 pm
admin wrote:
Thu Apr 16, 2020 1:11 pm
yea, you want that either in the work contract or some seperate contract; but in writing.
thanks admin!
yea, when in doubt get it writing.

I learned that when I was 8 years old, watching judge judy in the states.

I later had to inetergate my father (30 years as an attorney) about the finer points of contract law, "why did you not tell me I had to get it in writing".

:lol:

Seriously, rule of thumb, just assume if it is not in writing with a notary seal, it does not exist in chile legally.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

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admin
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Re: Work Offer vs Work Contract

Post by admin » Thu Apr 16, 2020 9:24 pm

like your test to determine of it is worth the time and expense of having contract notarized, is do you care that much about what it costs if they break that contract.


something cost $5, no big deal.

something will cost $5,000, $50,000, ... probably worth getting it in writing and notarized.

anything more complicated than that, you probably need an attorney.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

PXYC
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Posts: 91
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Re: Work Offer vs Work Contract

Post by PXYC » Thu Apr 16, 2020 11:09 pm

So I just asked their legal team to send me the law in which I can validate that under chilean law I can request this benefit just based on the work offer.
I think it's a nice way to imply I'm not sold on their argument, and would prefer a contract annex.

I've also decided it's not worth more iterations than this and I will sign the base contract nevertheless.

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