This type of contract has a cyclical nature and the employer's call for the worker to resume his activity is of great importance.
The call is the act of summoning and the continuity of the employment relationship will depend on it.
What happens if the call is not made? This would be a dismissal and taiwan business mailing list the deadline to file a claim would be 20 working days from the date you become aware of the lack of call.
After giving a few brief details about this type of contract, we can focus on the seniority of temporary fixed-term workers . How is it calculated? Is only the period of effective provision of services taken into account or the entire year?
In its ruling of 20 September 2016, the Supreme Court resolved an appeal for cassation which raised the question of whether the seniority of fixed-term employees should include periods in which the employee has not provided services.
This is a worker who has been providing services to the Tax Agency as a permanent discontinuous employee since February 4, 2009, a date that is not recognized for calculating her seniority.
He filed a claim for recognition of rights, which was rejected at first instance. The appeal was accepted by the High Court of Justice of Asturias, which recognized seniority from February 4, 2009.
The State Agency for Tax Administration filed an appeal before the Supreme Court. The issue to be resolved is how the seniority of fixed-term workers should be calculated .
Reference is made to a Supreme Court ruling of June 11, 2011, which recognizes the seniority period for all the time elapsed since the beginning of the employment relationship, including periods in which there was no effective provision of services.
The reasoning of the judgment of June 11, 2011:
We are not dealing with temporary workers whose relationship has been broken and whose provision of services has been interrupted by the termination of the contract. Here we are dealing with permanent, discontinuous workers whose contractual relationship with the employer has been in force since its inception, regardless of the distribution of service provision times in response to calls made by the company.