Permanent and discontinuous workers: New regulatory framework, challenges, solutions and opportunities

AUGUSTA ABOGADOS invites you to the Labour Debates organised by Foment del Treball on 29th March, with the participation of our Partner Juan José Hita.

Following the approval of Royal Decree-Law 32/2021, of 28 December (“Labour Reform”), the fixed-term contract has become one of the employment contracts that raises the most interpretative doubts. Article 16 of the Workers’ Statute (“ET”) now has a much more extensive wording with a more precise regulation than the previous one. The already well-known objective of the Labour Reform is to ensure that many of the contracts that were previously made under temporary contracts are formalised as permanent-discontinuous ontracts.

Thus, aspects such as the purpose and nature of seasonal or seasonal work or the channelling of hiring under commercial or administrative contracts through this type of contract are addressed. Finally, a permanent-discontinuous contract may be entered into between a temporary employment agency (“ETT”) and a person hired to be transferred to user companies in the new cases provided for in Law 14/1994 regulating temporary employment agencies, which has undergone a significant modification.

The new regulation establishes mechanisms to improve information on the working day and periods of activity in the employment contract, giving a fundamental role to collective bargaining in relation to the call-up regime or the training and improved employability of permanent temporary workers during periods of inactivity.

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