Permanent seasonal contract: what it is and frequently asked questions

If your business has activity peaks tied to the season (summer campaign, harvest, ski season, Christmas reinforcements), you have probably wondered how to legally hire people you only need for a few months a year. Since the 2021 labour reform, the answer almost always lies in the permanent seasonal contract (contrato fijo discontinuo). In this article we answer the most frequently asked questions clearly and without jargon.

What is a permanent seasonal contract?

The permanent seasonal contract is a permanent (indefinite) contract used for work of a seasonal nature or linked to seasonal production activities, as well as for work that recurs but not on fixed dates.

The key idea is this: the person is a permanent member of the workforce, but only provides services during the periods when there is activity. When the season ends, the worker is not dismissed: they move into a period of inactivity and the company is obliged to recall them when the activity resumes.

It is governed by article 16 of the Estatuto de los Trabajadores (Workers’ Statute), as amended by Real Decreto-ley 32/2021 (the well-known labour reform). That reform strengthened this arrangement precisely as an alternative to the old chained temporary contracts, which became heavily restricted.

Typical use cases:

• Ski resorts and winter season staff.
• Hospitality and coastal tourism (summer season).
• Harvesting and agricultural campaigns.
• Summer camp instructors and seasonal activities.
• Retail and logistics reinforcements during the Christmas campaign.
• Commercial contractors and subcontractors with intermittent activity.

The important thing: even though the work is “seasonal”, the contract is permanent. There is no end date.

How long can you keep someone on a permanent seasonal contract?

Indefinitely. The permanent seasonal contract has no expiry date: the employment relationship continues for as long as the seasonal activity that justifies it exists.

Some practical points on how it works:

• Contributions and length of service: the worker contributes to Social Security and accrues seniority in a way similar to the rest of the workforce. Since the 2021 reform, length of service is calculated taking into account the entire duration of the employment relationship, not just the periods actually worked. This affects severance payments and the salary scale.
• Periods of inactivity: during the months with no activity, the company does not pay a salary, but the worker can claim unemployment benefit if they meet the requirements, as they are in a legal situation of unemployment.
• Documentation: in each period of inactivity there is no end-of-contract settlement (the contract remains alive), but any outstanding amounts for the period worked are settled. A common mistake is treating each season as if it were a separate contract; it is not.

The recall in the permanent seasonal contract: what is it?

The recall (llamamiento) is the moment when the company calls the permanent seasonal worker back to work when the active season begins.

It is no minor formality: it is the central obligation of this type of contract and where most disputes arise. The recall must be carried out according to the order and manner established by the applicable collective bargaining agreement and, failing that, as agreed in the contract. As a minimum, it must respect the principles of seniority within each specialty and be made in writing with sufficient notice.

What happens if the company fails to recall the worker?

If the company fails to meet the recall obligation (does not call the worker when it should, or does so skipping the order), the law treats it as a dismissal. The worker can challenge it and, if successful, it will be classified as an unfair dismissal, with entitlement to the corresponding severance. The deadline to claim starts from the moment the worker becomes aware of the failure to recall.

And what if it is the worker who does not respond to the recall?

If the company carries out the recall correctly and the worker does not report for work without justified cause, this is deemed to be a voluntary resignation or abandonment of the post. In that case, the worker is not entitled to severance for dismissal nor, in principle, to unemployment benefit arising from that termination.

That is why it is so important to keep a written record of every recall: for the company it is the proof that it fulfilled its obligation.

Differences from other contracts

The permanent seasonal contract is often confused with other arrangements. These are the most important differences:

• Versus the temporary contract: the temporary contract has an end date and, since 2021, is only allowed in very tightly defined cases. The permanent seasonal contract is permanent and designed precisely for recurring seasonal activity.
• Versus the part-time contract: the part-time worker works fewer hours continuously throughout the year; the permanent seasonal worker can work full time, but only during certain periods.
• Versus the ordinary permanent contract: the ordinary permanent worker provides services continuously; the permanent seasonal worker alternates periods of activity and inactivity.

The company’s obligations, in summary

If you are going to use permanent seasonal contracts, bear in mind that the company must:

1. Formalise the contract in writing, stating the estimated duration of the activity, the manner and order of recall and the estimated working hours.
2. Respect the recall order set out in the collective agreement or the contract.
3. Notify the recall in writing with sufficient notice and keep a record of it.
4. Inform the permanent seasonal workforce about vacancies for ordinary permanent positions that arise, to encourage their conversion.
5. Respect total length of service for the purposes of economic rights and severance payments.

A slip in any of these points —very typically in the traceability of the recalls— is what ends up in a claim for unfair dismissal.

How LapsoWork helps you manage permanent seasonal workers

When you have a seasonal workforce, the biggest risk is not payroll: it is losing track of who is active, who is inactive and who should be recalled first. With LapsoWork you can:

• Record the status of each person (active / inactive) and their real length of service.
• Manage time and clock-in tracking only during periods of activity, without getting confused about who is working each month.
• Plan the return to work by season with shift-scheduling software, respecting the recall order.
• Centralise contracts and recall communications in the document manager, so you always have the written proof.

This way you reduce the administrative work of each campaign and, above all, minimise the legal risk arising from poor recall management.

Frequently asked questions

Does the permanent seasonal contract give the right to holidays? Yes. Holidays accrue in proportion to the time actually worked during each period of activity, as with any contract.

Can there be several permanent seasonal workers in the same position? Yes. This is common in sectors with strong peaks. In that case, the recall order (usually by seniority) is key to avoiding disputes.

Can a permanent seasonal contract be converted into an ordinary permanent one? Yes, if the activity stops being intermittent and becomes continuous. The company is also obliged to inform these workers of any ordinary permanent vacancies that arise.

Do they receive unemployment benefit during periods of inactivity? They can apply for it if they meet the general requirements (minimum contribution period, etc.), since inactivity is considered a legal situation of unemployment.

Conclusion

The permanent seasonal contract is the tool that the 2021 labour reform has consolidated to cover seasonal activity in a stable and legal way. It is permanent, based on the recall mechanism, and requires careful management from the company: in writing, respecting the order and always keeping a record.

If you manage a seasonal workforce, keeping statuses, length of service and recalls in order stops being a problem with the right tool. Request a free 30-day demo and see how LapsoWork simplifies the management of your permanent seasonal workers.