A large part of the workers who are part of the Spanish labor market have found themselves throughout their professional career with a work and service contract. This modality of the temporary contract that links said worker with the performance of a work and service after which his employment relationship with the company ends, has a series of particularities to take into account.
The most important thing for the worker is everything related to the mechanisms that allow the company to terminate the employment relationship, as well as the situation in which the worker is left, whether that ‘work and service’ ends and the possibility of staying in the company or collect the compensation stipulated by law.
The fact that the completion of the work or service for which a worker was hired is included as one of the causes of termination of the contract. It also explains the different situations that may occur when the time set in the contract ends or the registered work or service is completed.
If the time or work and service marked ends and the employment relationship is terminated (in cases of more than one year of duration of the contract, notice must be given at least 15 days in advance), the worker will be entitled to compensation of 12 days of salary per year worked, except in cases of interim and professional training.
However, the employment relationship does not always end at that point. The regulations contemplate that in cases in which the work and service contract has a specific duration of less than the maximum allowed, the employment relationship can be extended up to that maximum if the worker continues to provide his services and there is no communication from the company to end the contract. link.
In the same way, if the maximum date is completed or the work or service is completed, and if there is no complaint by any of the parties, the worker would see their stay in the company tacitly and indefinitely extended.
The maximum time that a worker can remain in a work and service contract is three years, according to article 15 of the Workers’ Statute, which recognizes the possibility of extending this period by 12 more months if so established by a sectoral agreement. state level or one of a lower rank. And it is clear regarding the termination of the contracts: “After these periods, the workers will acquire the status of permanent workers of the company.”
In the spotlight of work
The works and service contracts are in the trigger after it was learned that their elimination was put on the table in the conversations with the social agents. One of the points to be discussed in this dialogue is the , leaving the storms for productive and organizational reasons.
In this regard, the Work proposal would not affect the contracts signed before the reform came into force, so in those cases the maximum terms of three and four years of contract for work and service would be maintained, depending on the agreement. collective.
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