Permanent Seasonal Contracts: Time Tracking and Call-Up
What the permanent seasonal contract is
The permanent seasonal contract (fijo discontinuo) is used for work of a seasonal or intermittent nature that repeats over time. After the 2021 labour reform, it gained prominence by replacing many temporary contracts.
The call-up
The permanent seasonal worker is called up each time the activity starts. The collective agreement sets the order and form of the call-up, which must be in writing and with sufficient notice. Failing to call up correctly may be considered a dismissal.
The permanent seasonal worker is not a temporary one: they keep their seniority and link with the company between periods of activity.
Time tracking in permanent seasonal contracts
During periods of activity, the permanent seasonal worker must record their working hours like any other employee. In periods of inactivity there is no record because there is no provision of services.
- Record entries and exits in each active period.
- Reflect the start and end of each call-up.
- Keep the records for the legal period.
Rights of the permanent seasonal worker
- Seniority computed according to the periods worked (with the agreement's nuances).
- Priority and order in the call-up.
- Same rights as a permanent worker during periods of activity.
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Conclusion
The permanent seasonal worker records their working hours during periods of activity like any employee. Managing the call-up and the record well avoids conflicts and penalties.
Frequently Asked Questions
What is a permanent seasonal contract?
A contract for seasonal or intermittent work that repeats, with a stable link and a call-up in each period of activity.
Must the permanent seasonal worker record working hours?
Yes, during periods of activity they record their working hours like any other employee.
What is the call-up?
The act by which the company summons the worker at the start of the activity, according to the order and form of the agreement.
Must working hours be recorded in periods of inactivity?
No. In inactivity there is no provision of services, so there is no time tracking.
Does the permanent seasonal worker keep their seniority?
Yes, they accrue seniority according to the periods worked, with the nuances set by the agreement.