There are sectors of activity whose seasonal nature allows them to make a different type of employment contract with their workers: the intermittent work contract.It is a employment contract with its own specificities and with rights and duties both for the worker and for the employer. In other words, to be able to make this type of contract with its workers, the company must meet certain criteria. On the other hand, theEmployment contracts also have specific mandatory elements under penalty of being considered as normal employment contracts.
What is an intermittent employment contract?
This contract allows, due to the seasonal or intermittent activity of the company, maintain a workforce linked to the company in order to work only when needed. To be celebrated, there must be agreement between the worker and the company as it includes periods of activity interspersed with periods of inactivity for workers. Even so, the latter must result from a structural variation of the sector in which they operate and not from specific needs. That is, when entering into this type of contract, there are periods of the year when there is no work and, therefore, the worker to go to work, but retains the right to retributive compensation. In other words, keep your salary.
Which companies can enter into intermittent employment contracts?
Only companies that carry out an activity with discontinuity or variable intensity specific to the sectorr in which they belong can enter into this type of contract. That is, only companies that have a non-continuing activity. That is, with inconstant work cycles, they can hire workers to work part of the year, being inactive for the remaining part. This situation occurs in companies with seasonal activity, such as the tourism sector, or in companies whose raw materials needed to manufacture their products are only available in certain areas of the year.As we mentioned, the discontinuity must be structural and not the result of specific needs.Also read: Know the types of employment contracts that exist
Intermittent employment contract: what does the law say?
This type of contract is governed by the provisions of articles 157 to 160 of the Labor Code, defining the rules and rights of workers. Under the terms of article 157, this type of contract cannot be concluded with a resolutive term or in a temporary work regime.That is, the intermittent employment contract must be in writing and is in the nature of an employment contract for an indefinite period. In other words, it is a permanent employment contract. If it is not done in this way, it is considered an employment contract for an indefinite period, subject to the general rules.
Contents of the intermittent employment contract
The contract must must contain:Employee identification, tax identification number, tax address and signature; Employer identification, tax identification number, address of the head office and signature of company representatives; Indication of the volume of work in each annual period: annual number of hours of work or annual number of full-time working daysIf the contract does not include the annual number of working hours or annual number of working days, it is no longer considered an intermittent employment contract. Ie, is considered as work work without periods of inactivity (Article 158).
Limits on time to work
The duration of the work is agreed between the parties. And under the terms of article 159, they may agree: Be soinsecutive or interpolated;O beginning and end of each working period, advance with which the employer must inform the worker of the beginning of the work period. duration of work cannot be less than five months full-time. and of which at least three months must be consecutive.The company must also inform the worker of the beginning of the work period with a minimum of 30 days, if he is working during the period of inactivity (and has informed the respective employer), and 20 days if this is not the case. Also read: Prolonged illness: Do I lose entitlement to benefits or holidays?
When entering into an intermittent employment contract, as it is atypical, guarantees a set of rights that do not exist in other types of employment contracts:
Receive salary during the period of inactivity
During the period of inactivity is entitled to receive monetary compensation for inactivity. This will be the amount of the remuneration provided for in the collective bargaining agreement concluded between the unions and the sector (or employer), or if it does not exist, you will receive 20% of your base salary.must still receive this amount on the same day of the month in which you receive the salary during the period of activity. That is, if you usually receive your salary on the 30th of each month, you will receive the amount of the remuneration earned in inactivity also on the 30th of the respective month.
Having another job during the period of inactivity
the worker can carry out another remunerated activity during the period of inactivity considered in your employment contract. But you have the obligation to inform the employer.But be careful, the amount of remuneration you will earn in the job you get will be deducted from the monetary compensation for inactivity that you receive from the employer with whom you have an intermittent employment contract. That is, it will not, in fact, be an additional remuneration.
Holiday and Christmas allowance
The amount of the holiday and Christmas allowance are calculated based on the average value of remuneration and remuneration compensation received in the last 12 months, or for the duration of the contract, whichever is shorter.
Inactivity period and rights that remain
The fact that there is no period of inactivity does not mean that the rights you have when you are providing effective service are not maintained. On the contraryduring the period of inactivity all rights enshrined in the Labor Code, such as absences, illness, paternity remain unaltered.The same goes for your collateral duties. Also Read: Are You Pregnant? Find out about your rights at work