eventual contract for production circumstances
is a model contract for work and service. As the name suggests, it has a temporary character.
In addition, the causes that have led to this type of contract and its duration must be clearly justified, its written form being mandatory provided that its duration is greater than 4 weeks, and provided that its working day is part-time.
In this article we explain what exactly it is, its requirements,legal duration and its compensation.
What is the eventual contract due to production circumstances?
The eventual contract due to
is designed for those situations in which there is an increase in activity that was not foreseen. Therefore, companies hire new employees because the existing workforce is not enough.
As we have said, they are temporary contracts, but you should not confuse them with discontinuous fixed contracts.
Keep in mind that the latter respond to more cyclical circumstances demanded by the market. For example, excess orders at a specific time of year in a company.
The eventual contract due to production circumstances can also be concluded when the employee is faced with his first professional experience.
In turn, if it is your first young job or if you are under 30 years old,unemployed and have no professional experience or this was less than three months, companies can hire you through this type of eventual agreement.
Requirements of the eventual contract due to production circumstances
The first of the requirements of the eventual contract due to production circumstances is that this eventuality be circumstantial and required by the market.
If the collective agreement has assessed the activities in which employees can be hired in this way or has established certain criteria, they will be looked at for the use of this type of contract.
The legal duration of the contract
As for the
duration of this type of temporary contract,
you should know that the two existing modalities are full-time or part-time.
In the case of the temporary contract due to circumstances in a first young job,the working day you have partially must be at least 75% corresponding to a full-time employee.
This day will last a maximum of 6 months within a period of 12 months.
On the other hand, the minimum duration will be 3 months. However, collective agreements may by agreement modify the general rule established for the maximum duration, as well as the period.
Modification of the contract period
However, the modified period cannot exceed 18 months.
If the time agreed is less than the minimum, it may be extended provided that you have agreed with the other party.
It is of great importance that the contract also includes the initial period that was foreseen and the clause corresponding to its increase.
The justified cause
In addition, another important requirement of the eventual contract due to circumstances of production is that the cause, the specific circumstance and the maximum duration must be established.
Depending on the type of activity in which the circumstances occur, the agreements may modify the legal or conventional reference period. This must be computed from the time the justifying cause occurs.
Dismissal and compensation of the temporary contract due to production circumstances
The eventual contract due to production circumstances is terminated,mainly, because the time agreed with the other party has ended.
If among the requirements that we have mentioned you have not found the obligation to notify its completion, this is because, according to Royal Decree 2720/1998, of December 18 that modified the Workers’ Statute in this matter, they are never higher than one year. Therefore, such notice is not necessary.
This circumstance occurs both from the point of view of the contractor and the employee.
Therefore, if you are a worker hired through an eventual contract due to production circumstances and, after the deadline, you do not want to work with the company anymore, you do not have to notify fifteen days in advance.
In the event that you do want to continue working, the contract would necessarily become indefinite.
At this point it is important to clarify that there are differences between not wanting to work with the company anymore when the term ends with respect to voluntary leave.
Voluntary leave implies that you leave the job before the contract comes to an end,and that you must notify it in advance.
When you finish the contract, as a worker you are entitled to receive compensation from the eventual contract due to production circumstances. This is 12 days for each year of service,as established since the beginning of 2015.
eventual contract due to production circumstances
is a contracting modality subject to constant inspections.
Therefore, if you use it, it is necessary that you do it in the appropriate way and complying with the relevant requirements, since there is a risk of having to resolve conflicts before the courts.