Permanent-Seasonal Contracts in Spain: A Complete Guide After the 2021 Reform
What a permanent-seasonal contract is
The contrato fijo-discontinuo is an open-ended contract for seasonal work or activities tied to seasonal production, as well as for intermittent work with certain or uncertain execution periods. After the 2021 labour reform (Royal Decree-law 32/2021), this contract absorbed many situations previously covered by temporary contracts, reinforcing job stability.
Main features
- It is a permanent contract: the worker does not leave the company between seasons.
- It must be in writing and state the estimated duration of the activity, the form and order of call-up, and the estimated working hours.
- Inactive time does not count as voluntary unemployment; the worker may claim benefits if requirements are met.
The call-up (llamamiento)
The call-up is the notice by which the company reinstates the worker when the activity starts. It must be made in writing or by means that leave a record, with adequate notice and stating the conditions of return. The order and form are set by the collective agreement.
Failing to call up the worker when due is treated as a dismissal, with the corresponding severance consequences.
Time tracking during active periods
During active periods, the permanent-seasonal contract is subject to the same time-recording duties as any other: start and end of the working day must be logged under Article 34.9 of the Workers Statute. The system should be activated upon call-up and accurately reflect actual hours, including any overtime or extended shifts.
Common mistakes
- Not formalising the call-up in writing.
- Chaining temporary contracts instead of using the permanent-seasonal one when appropriate.
- Forgetting time tracking in peak season due to workload.
- Not respecting the call-up order set by the collective agreement.
With RegulaKit you can plan seasons, automate the call-up and enable clock-in for each active period. To assess the cost of non-compliance, use our penalty calculator.
Conclusion
The permanent-seasonal contract brings stability and flexibility, but it demands rigour in the call-up and in time tracking. Documenting each step protects the company against claims and the Labour Inspectorate.
Frequently Asked Questions
Is the permanent-seasonal contract open-ended?
Yes. It is a permanent contract for seasonal or intermittent activity; the worker stays linked to the company between seasons.
What is the call-up?
The notice by which the company reinstates the worker when activity starts, in writing and following the order set by the collective agreement.
Must employees clock in during the season?
Yes. During active periods the time-recording duty of Article 34.9 of the Workers Statute applies.
What happens if the worker is not called up?
Failing to call up when due can be treated as a dismissal, with the corresponding severance.
Can the worker claim unemployment during inactivity?
Yes, if contribution requirements are met; the inactive period allows access to unemployment benefits.