Yes, it is mandatory. Article 4 of Law No. 5953 requires the employment contract between the journalist and the employer to be made in writing, and it also dictates the content: three items must appear in the contract.
The Three Mandatory Items
| Sub-paragraph | Item | Why it matters |
|---|---|---|
| (a) | Nature of the work | Reporter, editor, page secretary — the job description is taken as the basis in compensation and staffing assessments |
| (b) | Amount of the wage | Severance, notice, overtime and the annual bonus are all calculated from this figure |
| (c) | The journalist's seniority | First entry into the profession; leave entitlement and severance are calculated from it |
Changes Must Be Recorded Too
The article does not stop there: changes to the nature of the work and to the wage must also be entered into the contract. Promoting a reporter to editor or granting a raise is a change that must be recorded in writing; a verbal agreement is not enough.
The Right to Promotion After Two Years
The same article creates a right that is little known in practice: a journalist who has worked at a newspaper for two years becomes entitled to promotion. The promotion is made at the percentage set in the contract.
The subtlety is this: the Law does not set the promotion rate itself — it leaves it to the contract. If you have not written a percentage into the contract, the right hangs in the air and produces a dispute. Writing that rate in when the contract is formed is the cheapest way of avoiding an argument later.
What If It Is Not in Writing?
The sanction is in Article 26(a): an employer who does not make the employment contract in the form required by Article 4 is subject to an administrative fine for each contract. The fine runs per contract; on a staff of ten it is tenfold.
Administrative fines are imposed by the regional director of the Ministry of Labour and Social Security (Art. 30). The figures in the Law are the amounts set by Law No. 5728 of 2008 and increase each year by the revaluation rate.
Is the Making of the Contract Notified?
Yes. Article 9 creates a separate obligation: the making of the contract is notified by the employer, and its termination by the terminating party, within 15 days. We cover this in the notification article.
Bottom Line
A journalist's contract must be in writing and must state the nature of the work, the amount of the wage and the journalist's seniority. Changes to the job and the wage must also be recorded. A journalist with two years' service becomes entitled to promotion at the rate set in the contract. The sanction for failing to use written form is an administrative fine per contract.