What is a discontinuous fixed contract and what are its Phone number list characteristics Characteristics of the discontinuous fixed contract The discontinuous fixed contract is justified by a need to respond to work during a certain season of the year, but without being certain of the start date. However, since it is assumed that there will be continuity year after year, the same is for the contract to be indefinite. When the work season ends, the Phone number list contract is suspended and this allows the worker to seek another job or collect the subsidy if the circumstances arise. It is important to point out that during this period the person will be formally unemployed and may request their right to benefits during these months. Now, although the contract is indefinite and in the event of unfair dismissal it must be settled following that criterion, the actual time worked must be taken into account. This is important because if a worker only works for 6 months a year, the compensation will have to be calculated over that period and not over the 12 months.
This modality provides the security of having specialized personnel Phone number list when necessary without having to open selection processes. On the other hand, it should be noted that discontinuous permanent contracts are usually signed full-time, although there is the possibility of doing it part-time if necessary. As a general principle, when responding to a structural need, full-time hiring is usually chosen. The appeal and the Phone number list exempting causes Another aspect that should be highlighted is that the company, or the Administration, as the case may be, is obliged to notify the worker that the season is about to start so that they can return to their job. This formality, called an appeal, must be fulfilled in such a way as to guarantee the worker's right to be notified. The call will be made based on the seniority of each worker. The jurisprudence tends to prioritize that this communication be made by certified ordinary mail, although exceptionally other modalities would be valid depending on the case.
In relation to the call, there can be three assumptions that should be known so that there is no room for confusion, since it can be accepted or rejected. They are the following. 1. Cause of force Phone number list majeure The worker must demonstrate the material impossibility of returning to his job, and for this he must provide a medical report that certifies it, preferably signed by a public health practitioner. Another circumstance, although very rare, is the impossibility of moving to the place or the existence of any other unexpected setback. In this case, you will be able to Phone number list keep the right to be called the following year. Of course, it is important to point out that you will have to prove this circumstance after each appeal. Until today, there was jurisprudence when it came to determining whether the communication had to be renewed every year when the call was issued. But currently it is considered that as the cause of force majeure can be varied, it is advisable to record the impossibility of rejoining.