With a seasonal permanent employee (fijo discontinuo), the end of the season is neither a dismissal nor the termination of the contract: it is an interruption. The employment relationship continues and the worker is entitled to be called back next season.
Getting it wrong has consequences
- Failing to call the worker back on time allows them to claim unfair dismissal.
- A poorly documented call-back ends up in court.
- Using temporary contracts for work that recurs every year may be deemed unlawful and turn the contract into a permanent one.
When the season closes
- Document the interruption and, later, the call-back in writing.
- Follow the order and channel set by the collective agreement.
At AP Asesores, our employment department helps you manage seasonal permanent contracts correctly.
Legislation: arts. 15 and 16 of Royal Legislative Decree 2/2015 (Workers’ Statute), as amended by Royal Decree-law 32/2021.
