A contract that has gained prominence in the labor market
In recent years, the fixed-term intermittent contract has gone from being almost a niche option to becoming one of the main players in the Spanish labor market. The 2021 labor reform placed it front and center, and since then, its use has skyrocketed. This is no coincidence: today it is the legal way to cover recurring, but not continuous, staffing needs, and this aligns with the reality of many sectors.
What is a fixed-term intermittent contract and how does it work?
This contract, regulated by Article 16 of the Workers' Statute, is indefinite, although it operates intermittently. Work is carried out in periods, whether seasonal, seasonal, or simply recurring. The key is that the employment relationship does not end when each period of activity concludes; instead, there is a pause until the next call-up. This legal continuity is what completely distinguishes it from the old temporary contracts that were repeated year after year.
When is it appropriate to use it?
Current regulations clearly define when this type of contract should be used. On the one hand, there are seasonal jobs or those linked to seasonal activities, which are repeated every year on predictable dates: agricultural campaigns, the tourist season, school cafeterias, etc. On the other hand, there are intermittent jobs that don't have a fixed season but do have a clear recurrence, as occurs in activities subject to peak demand. In both cases, the logic is the same: the company knows it will need staff, although not continuously, and the fixed-term intermittent contract is the appropriate tool for this.
The risks of misuse
The problem is that its misuse has become one of the main sources of labor sanctions. The Labor Inspectorate considers it fraud to chain together temporary contracts for recurring activities, to use temporary contracts to cover seasons that repeat every year, to fail to make the call-up in accordance with the collective agreement, or to disregard the order of precedence. All of this, which was previously seen as common practice, now has clear and substantial consequences.
Why it is today the best legal option
The reason why fixed-term intermittent contracts are so relevant today is simple: labor reform eliminated fixed-term contracts for specific projects or services and limited temporary contracts to very specific cases. This means that, for most recurring activities, the only legal option is fixed-term intermittent contracts. They are not just a useful tool; they are the means by which companies adapt to regulations and avoid temporary employment, which is precisely the objective of current legislation.
