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

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

Practical Guides11 min read

Everything about the fixed-discontinuous contract in Spain 2026: what it is, when it applies, worker rights, call-up, ERTE, unemployment benefit and differences from project contracts.

by Equipo Lexiel

Table of contents
  1. What is a fixed-discontinuous contract?
  2. What changed in 2022?

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.

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