Brief comment in which the most frequent doubts about the fixed-discontinuous contracts are analysed.
The fixed-discontinuous contracts are a type of permanent contract that entails an agreement to perform fixed and periodic works, although discontinuous in time within the normal activity volume of the company.
These contracts are usually agreed upon in companies whose volume of business is carried out in cycles or seasons, that is, at periodic times, of a discontinuous nature and that, therefore, are not repeated on certain dates. Those workers who have signed a permanent seasonal contract with their employer are part of the company's fixed workforce.
The fixed-discontinuous contracts are governed by the provisions of article 16 of the Workers' Statute and the Royal Decree-Law 2317/1993, which develops traineeship, apprenticeship and part-time contracts.
For the permanent seasonal contract to be effective, it must first be formalized in writing. In addition, it should reflect the estimated duration of the activity, the working day and its distribution (full or part-time). It should be noted that only workers who have agreed to a part-time contract in their fixed-discontinuous contract can complete complementary hours.
In addition, the permanent seasonal contract must contain the criteria of the Collective Agreement applicable to make the appeal, that is, the order in which the employees will be called each season for hiring. In the event of noncompliance in said order, the workers may claim it in the dismissal procedure before the labour jurisdiction, from the moment in which the lack of convocation is known. The appeal and consequent discharge of the worker must occur even when, at the time of the appeal, the worker is on medical leave.
Finally, with regard to the trial period, it should be noted that the trial period stipulated by agreement may be imposed, and once this period is over, the contract will have full effect and the worker will not have to go through this period of time again while working for the same company.
International Tax & Legal Advisors