When does the worker with discontinuous fixed contract have to return to the company?

Discontinuous permanent workers offer their services on an indefinite basis, but with intermittent periods of work, during which their contract is suspended. The discontinuous fixed contract, formalised in writing, includes essential elements such as the duration of the active period, the working hours and their distribution (with estimates that can be specified at the time of call-up).

In order to provide clarity and guidance on the processes associated with the recall and reinstatement of permanent seasonal workers, we need to consider the following points:

Recall of permanent discontinuous workers:

When resuming the activity for which they were recruited, companies are obliged to recall the permanent discontinuous workers. This recall has to follow the provisions of the employment contract and the Workers' Statute. We recommend reviewing the relevant collective agreement to clarify acceptable methods of communication.

Reinstatement:

Reinstatement is a fundamental right of the permanent discontinuous worker. After receiving the call, they are required to return to work on the specified date. In case of not receiving the call or being inadequately notified, workers have the right to challenge and, if necessary, file a claim for unfair dismissal within twenty days.

Absence on call:

If a worker does not respond or does not show up according to the call, it is recommended not to automatically consider his or her absence as a voluntary leave. It is crucial to try to contact the employee before making final decisions and to notify them of the consequences of their non-attendance. Penalties for unjustified absences may be applied according to the provisions of the collective agreement.

Properly following recall and reinstatement procedures is essential to maintaining a compliant work environment and avoiding legal disputes. This commitment to workers' rights reinforces our company's image as a responsible and respectful employer.