The different types of contract allowed under labour legislation to meet the needs of companies and workers are listed on the SEPE website. One of them is the permanent seasonal contract, a new contract type introduced in the 2022 labour reform.
What is a permanent seasonal contract?
According to SEPE, a permanent seasonal contract is a type of permanent contract designed for jobs whose nature means the employee is needed intermittently, but on a stable basis. In other words, the role does not need to be filled on a year-round basis, but on a regular and recurring, albeit intermittent, basis.
Permanent seasonal contracts have helped to cut the number of temporary contracts that were widespread in many sectors, improving workers’ conditions by giving them permanent status. The employee does not, however, get paid when they are not working, and no contributions to Social Security are made on their behalf.
When should temporary contracts or permanent seasonal contracts be used?
The key purpose of a permanent seasonal contract is to fill a post on a recurring, regular basis. According to SEPE, the purpose of a temporary contract, meanwhile, is “to establish an employment relationship between the company and the worker for a specific period of time”. The website explains, however, that the employer must demonstrate that there are justified grounds for this temporary nature, “specifying precisely in the contract why it is temporary, the precise grounds for it and how they relate to the duration of the contract”.
Under the new rules, therefore, temporary contracts may be used in these situations:
- To provide cover for an employee who is absent
- For very specific production situations, when there is a sudden and unforeseen increase in normal activity
Managing permanent seasonal contracts
There are certain specific issues involved in managing permanent seasonal contracts compared to other types of contracts. They are:
Formalisation
As with all employment contracts, a permanent seasonal contract must be formalised in writing and must include the key aspects of the job, such as:
- Work start and end dates
- Hours to be worked (full or part-time)
- Pay, etc.
Recall
The recall is the means by which the employee is notified that they must return to work. The criteria applied will depend on the collective agreement or, in the absence thereof, the company agreement, but there must be a record that the employee received the notice. The recall notice must include all the information needed for the employee to return to work, including how long the work will continue, and at least 48 hours’ notice must be given.
To this end, there are solutions designed to facilitate the employee recall process, such as Logalty’s certified electronic notifications. This service allows you to send important information and obtain a date-stamped acknowledgement that it has been received.
It should be noted that, if permanent seasonal employees are not given adequate notice, they have 20 days in which to take action. They may also be deemed to have been unfairly dismissed, and be entitled to compensation.
