Fixed-Discontinuous Contract: Complete Guide After the 2022 Labour Reform

# Fixed-Discontinuous Contract: Complete Guide After the 2022 Labour Reform

The Labour Reform Law 32/2021 (in force since February 2022) made the fixed-discontinuous contract the central figure for seasonal or intermittent work, replacing the former project contract in most cases.

What is a fixed-discontinuous contract?

It is a permanent (indefinido) contract for work of a seasonal or intermittent nature (Art. 16 ET as amended). The worker is permanently employed but inactive between seasons. Key features:

• Seniority accrues from the initial start date (not from each call-up)
• Workers may claim unemployment benefit during inactive periods
• Employers must formally call up workers before each season; failure constitutes a tacit dismissal (20-day challenge deadline)

What changed in 2022?

The project contract (contrato de obra y servicio) was abolished. Projects of predictable duration must now use the standard permanent or fixed-discontinuous contract.

Lexiel finds Supreme Court (Sala Social) and TSJ case law on failure-to-call-up claims and drafts Social Court complaints with verified ET citations.