Hello everyone. I have a question related to registration for the CSIC job bank. My situation is the following. I registered and I have already appeared on the list of merits but they have given me a bad evaluation and therefore I have made an objection. They told me that it usually takes between 1 and 3 months so I must continue and start the contract for which I signed up. Has anyone been in this situation of waiting for the resolution of an objection when they are already working? If the objection is successful, can the status of the contract be changed even if it has already started?
Thank you!
Hello. If im not mistaken, in such cases, when an objection has been filed and you're waiting for its resolution, it's typical that you're required to continue working under your current contract. This is standard practice, as the review process can really take between one to three months, or even longer. If your objection is successful and your merits are re-evaluated in your favor, your contract may be amended retroactively, potentially leading to changes in salary, position, or other benefits. Even if the contract has already started, it's common for the terms to be updated based on the results of the merit reevaluation. It's best to consult with HR or the person managing your contract at CSIC to get specific details about your situation.
Yes, if an objection is successful, the status of a contract can be changed, even if it has already started. The impact on the contract depends on the nature of the objection and the legal framework governing the contract. Here are some possibilities:
1. Void or Voidable Contract: If the objection reveals that the contract was entered into based on misrepresentation, fraud, duress, or a fundamental mistake, the contract might be declared void or voidable. In this case:
Void Contract: The contract is treated as if it never existed, and the parties are released from their obligations.
Voidable Contract : One party may choose to either continue or cancel the contract, depending on the circumstances of the objection.
2. Contract Modification: If the objection is based on a specific clause or term, the contract might not be fully invalidated but modified. The parties may renegotiate the terms, or a court or arbitrator may order specific changes.
3. Suspension or Termination: The contract may be suspended or terminated if the objection highlights a breach or legal issue that affects the continuation of the agreement.
4. Partial Invalidity:In some cases, only certain provisions of the contract are affected, while the rest of the contract remains enforceable. The status may change with respect to the specific terms, but not the entire contract.
The result will depend on the legal grounds for the objection, the terms of the contract itself, and any relevant laws governing the dispute.
DR.B.K. YADAV
ASSOCIATE PROFESSORB LAW
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