Peculiarities of the fixed-term contract

Do you have any employees on fixed-term contracts? Do you think that in your sector it is common to resort to this form of agreement with a large part of the workforce? Do you think that this type of contract is very similar to temporary contracts?

Although in the last 5 years, the use of the fixed-term contract has increased by thirty per cent., according to data from CEREM, However, the truth is that not all employers are aware of some of their most important features, nor are all employees who are linked to their company through one of these agreements aware of their peculiarities.

Aspects that make the difference between the fixed-term contract and all the others

Discontinuous fixed-term contracts are very common in the tourism and hospitality sectors. It is also used in industrial environments, Especially when it comes to seasonal production, it is the service sector that has the highest percentage of such workers attached to their company.

Those considering entering into such a contract should be aware that that this is a very special type of contract, which is highlighted by the following peculiarities:

1. Although it may not appear to be so, the fixed-term contract is a type of open-ended contract. Although services are provided on a discontinuous basis, the relationship between worker and employer is stable.
2. As an employer, realising that the services of an employee may be needed for specific and limited periods, but on an annual basis, the obligation is to not to consider temporary employment and to enter into a fixed-term contract. Failure to do so could lead to sanctions.
3. The regulatory base of this contract, which has to be paid as a permanent worker, is the monthly salary. This amount should also include additional hours, not only ordinary hours. What must be taken into account is that only part-time employees may work these additional hours, never those who work full-time.
4. When the fixed-term contract is not formalised in writing, it is assumed that the worker must provide full-time services., except in cases where the employer can prove otherwise.
5. When drafting the model fixed-term contract, it is necessary to specify the months or period during which the employee will work for the company, the type of working day, the working hours and the salary. that the worker receives as consideration. The form and order of call must also be stated, which will depend on the provisions of the Collective Bargaining Agreement.
6. Between periods of work, the employee is not obliged to be available for the company.. Until the date of the call-up, the employee can decide whether he/she wants to receive unemployment benefit or whether it is in his/her best interest to look for another job.
7. When, at the time of the call-up, as an employer, the decision is taken not to call up the employee who is due to join the company, it must be borne in mind that it is being accepted that the situation is being handled as an unfair dismissal.
8. If the employee refuses to attend the call to rejoin the company, it must be clear to the employer that this is a voluntary leave of absence. This circumstance would lead to the automatic termination of the contract, except in the case of one of the following two circumstances: sick leave justified by the corresponding medical reports or force majeure.

Discontinuous fixed-term contracts benefit both companies and employees, although in both cases it is important to be aware of the rights and obligations. that arise for each party from such an agreement.