Fixed discontinuous contract

The discontinuous fixed contract is a contracting modality. In this modality, the contracted workers have the obligation and the right to carry out a certain activity for a limited period of time. The worker will carry out his function until the end of the activity for which he has been hired. At the end of the activity, the worker stops working.

These types of contracts are widely used in specific tasks that require a specific season. For example, agriculture is a type of activity that requires this series of contracts. Once the season is over, the worker stops working, rejoining automatically at the start of the following season.

Main characteristics of the discontinuous fixed contract

The main characteristics that define the discontinuous fixed contract are:

• The contract must be in writing.
• The contract must be manifested in the official model designated by the state for this type of contract.
• The contract must establish the estimated duration of the activity.
• The working hours that correspond to the worker must be established.
• The hourly distribution must be established.
• The conditions of the applicable Collective Agreement must be established in the contract.
• The contract must include the conditions of the call.

Differences between temporary contract and discontinuous fixed contract

The temporary contract and the discontinuous fixed one tend to generate a certain confusion. The two types of contracts meet the same requirement, while being used for similar situations. However, these contracting modalities present differences that make them completely different from each other.

On the one hand, this type of contract, as already mentioned, refers to an indefinite contracting modality, unlike the temporary contract. Despite being used for cyclical activities, the contract continues to be indefinite. For this reason, this contract is a permanent contract, which is intended for tasks with a cyclical nature and processes of stoppage due to work season issues. With this type of hiring, the employer must guarantee the call for the next day, and the absence of a call may be considered as an unfair dismissal.

On the other hand, the temporary contract refers to situations in which the employer establishes an employment relationship on a temporary and non-cyclical basis. In other words, this type of contract is used to carry out a specific activity, without the requirement to establish calls for future working days on other dates. In other words, this contract does not require a cyclical task, so it does not enjoy the stability that the fixed discontinuous contract does.

Advantages of the discontinuous fixed contract

As an indefinite contract, this type of contract has all the advantages that the normal fixed contract enjoys in any company. Also, these benefits are the same for both the employee and the employer. In this way, the discontinuous fixed contract is a fixed contract, but characterized by the performance of a cyclical activity.

For this reason, workers, as well as employers, are entitled to all the bonuses, as well as subsidies and other advantages that the fixed contract has.