One of the most common problems of the worker is to understand the type of contract he has and what are the consequences of it. It is not something that surprises given the regulatory complexity of the Spanish labor system. For this reason, this article will address the singularities of the discontinuous fixed contract.
What Is a Discontinuous Fixed Contract?
One of the problems posed by unions such as the hotel industry or the hotel sector is the impossibility of ensuring that the entire workforce has work throughout the year.
As a result, instead of hiring new temporary workers, employers prefer to have a fixed workforce for a long period of time. This is what gave birth to the discontinuous fixed contract.
Therefore, the discontinuous fixed contract is one that has features of an indefinite contract but exercising the work discontinuously.
However, it should be noted that this does not imply that the worker is part-time. To explain it in a simple way, he has a temporary job with a full or partial day but with the certainty that next year he will return to work the same months he worked the previous one.
However, not knowing the volume of work that will be next year, the day can be modulated and established in a more indicative way. Of course, you always have to respect the provisions relating to the maximum working hours.
Rights of the Worker with Discontinuous Fixed Contract
The rights of the discontinuous fixed offer a series of peculiarity that are explained and detailed below.
First of all, we must point out the central theme of any employment contract: remuneration. Regarding this type of worker, the salary will be calculated according to the hours of work he performs. Therefore, the salary is more variable than, for example, that of a person with an indefinite contract.
With regard to unemployment for discontinuous permanent workers,they are entitled to a series of unemployment benefits, but which differ from that of purely temporary and purely indefinite workers.
Secondly, these workers can collect unemployment when the employment relationship ends. That is, when the employment relationship is terminated. They can also charge it when the working day is suspended or reduced by ERE.
The peculiarity is that he can access unemployment benefit when there is productive inactivity between campaigns.
The contribution has the same rules as that of the indefinite,but the regulatory base will be calculated based on the salary,which in turn will depend on the hours you work that month.
How to Terminate a Discontinuous Fixed Contract?
The way in which a contract is terminated is not too different from the general labour framework. Therefore, they can be terminated by mutual agreement, for valid reasons of the contract itself, by death of the worker, by retirement of the employer, force majeure, collective dismissal, etc.
However, it can also be extinguished due to the worker’s lack of response to the call at the time of the year that is required. Also if there is a lack of clear answer, not before a simple delay that will only cause the loss of salary for days that have not been worked.
Regarding the compensation of a discontinuous permanent worker,it should be noted that the end of the campaign does not imply the right to receive compensation since, in fact, there is no termination of the employment contract, that is, dismissal.
However, if the employer does not make the appeal, the worker within 20 days of becoming unatnor-called may complain in unfair dismissal proceedings.
In case of inadmissibility, the worker will have the right to be compensated with the same amount as the permanent worker for the time he has worked.
Regarding the discontinuous fixed and sick leave does not have much difference with the fixed worker himself.
The discontinuous fixed contract is a good solution to one of the problems (and fortunes) of the Spanish economy: the excessive dependence on tourism.
Tourism in our country is concentrated in the summer months and therefore it is a good solution that these workers have the right to a permanent job even if it is only a few months a year.
In addition, the certainty of having a job in the coming months allows the family economy to have a certain security that does not occur in people who accumulate temporary contracts, since they do not know how long it will take to find a new job.
Therefore, it is considered that this figure, the discontinuous fixed contract, is a great success of Spanish labor legislation and advocates the preservation of this figure in our legal system. Finally, it should be noted that permanent contracts provide more motivated workers by feeling more loved by the company.